How much to withhold from a secruity deposit TEXAS

Question

We have been in the rental business for four years. Up to this point figuring out deposit refunds have been relatively easy. I was looking for your input on how you would handle this situation.

There is multiple holes in the walls ranging from tiny nail holes to door handles being pushed through the walls.

one set of mini blinds were destroyed

The dead bolt lock set is broken

The dogs have scratched the inside and outside of the door and trim as well as chewing the cord that powers the back porch light, and has dug multiple holes in back yard against the foundation.

We have had to remove one trailer full of trash including everything from TVs to smokers to pallets.

The tenant left multiple spots on the driveway where they spray painted home projects without a drop cloth, some spots are up to 3 feet long and turquoise in color.

Also there used to be a drive thru gate to the back yard so you could back a trailer or RV in, they took that gate off and fenced across the opening. The gate is still there, but is an inconvenience to fix it back the way it was.

Lastly we have about two hours left of general cleaning before the next tenant moves in.

What are your thoughts on a reasonable amount to deduct from the $1,000 deposit?

Thank you for your input.

Account Closed · Answer

Even if you had all of the replacements in your shop, they still originally cost you something.  And it's completely reasonable to charge for your time/labor, as long as the charge is reasonable.  In CA, on the consumer affairs dept website, this is listed as perfectly acceptable - for landlords to charge reasonable hourly rates for their time.  So, if that's okay in CA, it's surely okay in TX.

So, how I'd go about it, is to look up online (or if you already know) the cost of everything.  Make a list and itemize it.  Go ahead and print out the pages for the items you find on Home Depot, etc., that shows the prices.  Add up your labor.  Then, send them the itemization.

I'd take pictures of everything, including selfies of you with your paint brush, etc., the before and after shots, maybe even a picture of your shop with all your stuff in it.  Just in case you need it for court.

If you end up in court over it, because the tenant sues you, just present it all to the judge, and let the judge decide.  Even if you replaced some things with used things, there is still a value to them.  So, you should be reimbursed something for them, plus your labor.

So, just CYA with lots of photos and documentation, and be sure and get the itemization to your tenants before the TX deadline for doing so.

If you end up sending them a bill for money owed over and above the deposit - what you could end up doing, after they freak out - is offer to settle for "just" the security deposit and let the rest go.  It might keep them from suing you.  That would be your call.  Good luck.

Adam Anderson · Answer

Sounds like it would cost more than the full deposit to hire someone to get the place marketable again. Take pictures and document everything Incase you end up in small claims court and follow the timing rules for making a claim on the deposit for TX. I personally would send them a bill detailing the costs, stating your applying the deposit and billing them for the overage.  If you want to be a nice guy, waive the overage and just keep the deposit. Good luck!

Bart H. · Answer

I am sure you know this, but everything you charge must be itemized.  I would screen shot materials costs at someplace like Home Depot, if you have trim work etc, get a bid from a reputable contractor before you do it yourself.

Remember you can charge the tenant more than their deposit.  All depends on how comfortable you feel with the documentation etc.

Greg H. · Answer

@Alex LaBelle

There is no requirement in Texas courts for photos to be time stamped. This is easily accomplished if you want to be using your phone or you can just program the time and date into your camera

Alex LaBelle · Answer

Does anyone have any advice on how to properly timestamp the photos for cares like these? Is this a requirement to have the time and date in Texas,  and are there any other requirements for going to court?

Nancy Curran · Answer

How are your laws where you are? Pro you or pro tenant?

Fred Heller · Answer

In Texas the key thing to remember is normal wear and tear vs damages. You can't deduct for normal wear and tear. The nail holes would be considered normal wear and tear in my opinion. All you have to do is spackle and paint over. The holes from the door knobs, however, would be damage in my opinion. By the way, you might consider buying some door stoppers. They're about $2 at Home Depot.

Everything else you described sounds like damage to me, including the cost to haul away junk and trash they left behind. Just make sure you have receipts for all the charges. If the damages exceed the security deposit, you could sue them in small claims court, but good luck collecting on that.

Greg H. · Answer

The law in Texas allows you to deduct your costs for damages beyond normal wear and tear.  Since JP Court judges are elected officials and not necessarily lawyers, you will tend to see a wide variance in rulings.  I have had one that ruled that the plaintiff was not entitled to any compensation for labor because they did the work themselves and therefore no expenses were incurred beyond materials.  The guy was asking for $100 to paint 2 rooms.  So if he would have paid $300 that would have been acceptable which makes no sense

I always say deduct what you are willing to defend in court if need be.  Document with photos and receipts and all should be good.  I have never once had a tenant take me to court

Robert Melcher · Answer

Texas is pro landlord, but the issue is  accounting for the effort.  Photos and repairs by professionals with invoices and photos to support the work, and a date stamped photo set of the original condition are essential.  Personally, I think they've burned the deposit and you should bill for any additional

Charges I'ver the $1100.

How much to withhold from a secruity deposit TEXAS

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