Charging for small damage that cannot simply be repaired/replaced

Charging for small damage that cannot simply be repaired/replaced

Decatur, GA · Member since 2016 · 2 posts · 0 votes

I am renting a room in my house and my current tenant is moving out. She recently caused a small burn in the laminate/vinyl floor in the kitchen. The burn is in the middle of the floor, but is only about the size of a standard Swiss Army knife. The burn cannot be repaired without replacing the entire laminate/vinyl sheet (which extends into the next room). The replacement cost in the flooring alone would exceed the security deposit and I do not intend to replace it at this time since I plan to do renovations in the future. 

In addition to the burn in the kitchen floor, there was a leaky toilet that she failed to inform be of in a timely fashion. She moved in in July, but did not notify me of the leak until mid-October. She says it was leaking when she moved in, but I did not know about it since the leak was small enough to not be noticed simply by looking at the toilet. At some point the water from the leak caused warping in the wood of the vanity. I cannot simply replace this vanity since it is built-into the wall. I am also not inclined to replace the built-in vanity at this since doing so would most likely warrant a complete renovation of the bathroom.

Are there any standard procedures for charging for damages that are not immediately repaired? And how would/should I determine any amount to be removed from the security deposit?

Thanks for any information.

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  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    10y

    @Robert Kruse - It is going to depend on your local ordinances.  In the areas I invest in we must provide receipts for the repair within 30 days of the tenant moving out

  • Decatur, GA · Member since 2016 · 2 posts · 0 votes
    10y

    Thanks Brie Schmidt. I did some more reading and from what I found it seems that the law is much less stringent because I own/manage less than 10 rental units. 

    But is there a 'rule-of-thumb' regarding itemizing damages that are not repaired? A proper way to 'devalue' something due to damage so repairing/replacing is not required?

    This is the first time in 3 tenants that I've actually had to deal with damage, so I'm trying to make sure I have as much of the proper information as possible.

  • Real Estate Broker · Chicago, IL · Member since 2015 · 531 posts · 266 votes
    10y

    How old is the laminate flooring? 

    Depending on the quality of the material, laminate flooring has a useful life of just 10 years. If the flooring was put in 5 years ago then you will have to factor that in. If the flooring is over 10 years old then you cannot charge the tenant anything. If the laminate was brand new last year then you have a legitimate claim to part or all of her security deposit.

    Also, be sure that you are getting the appropriate credits for depreciation on your property when you fill out your taxes. This is where you recoup your costs, not by charging people out of their security deposit. 

    As for the vanity, that kind of seems like normal wear and tear to me. Since this is a bathroom in your own home, and you didn't notice it at all before or during the time that she lived there, this seems like it may be on you. Remember, there is a cost of doing business when you want to play Landlord. 

  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    10y

    I have also rented out rooms in my personal home, and I tell you, it's important to check out their bathroom and even bedroom from time to time. It's amazing the things they won't tell you. I had one girl who had all but one of her light bulbs in both bedroom and bathroom burned out! I guess she was waiting for complete darkness before saying anything as simple as that?

    I agree with the posts above. If you planned on updating the kitchen anyway, it may be difficult to try and charge someone for the burn. Also, like mentioned, small leak or not, you should have caught a leaking toilet in your own house. Or if you didn't notice it until now, you know that your tenant wouldn't.

  • Professional · Glendale, CA · Member since 2013 · 105 posts · 47 votes
    10y

    It's difficult to charge for damages that you don't have repaired because you usually need a vendor receipt to justify those charges.  I would try to negotiate with the person to see if they are willing to pay something. 

    As for the leaking toilet, unless there is something in the lease requiring the tenant to report issues to you, not much grounds to charge unless you can prove tenant misuse caused the issue. 

    In the future, you should inspect twice a year to protect yourself against such issues.  Also establish some type of requirement for tenants to report maintenance issues to you or the tenant could be responsible for further damages resulting from not reporting the issue.

    good luck

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