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Updated over 8 years ago on . Most recent reply

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Dustin Beam
  • Kansas City, MO
321
Votes |
609
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Deposit returns for inherited tenants?

Dustin Beam
  • Kansas City, MO
Posted

Hello Beautiful people of BP,

So I had 3 tenants vacate at the end of last month.  One was evicted,  so no deposit return there,  the other two left after their leases ended.  

One of the two left the apartment disgusting.  She did not take all her property out,  nothing cleaned,  animal feces and feces stains on the floor,  carpet ruined.  I do not intend to return the deposit to her. 

The other tenant actually did a good job cleaning,  but living room carpet has big dark spot in it,  I assume it can't be removed.  But more to he point,  the main entry door jamb is trashed. So is the upstairs bedroom door jamb,  and the main floor bedroom door is jacked to the point it can't close. This tenant has inquired about the deposit return,  and did clean it well (carpets excepted). For the record,  lots of pics were taken. 

So my question is how to handle the last tenant. I have no proof of the condition the apartment was in when they moved in.  I can't believe the doors were in that bad of shape. I've heard from other tenants that her and her boyfriend fought often and loudly and I suspect that's how the doors got damaged. If I pay someone to fix those doors,  that alone would probably take the deposit.  

How would you handle a situation like that? 

Most Popular Reply

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3,316
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Mike Cumbie
  • REALTOR®
  • Brockport, NY
4,459
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3,316
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Mike Cumbie
  • REALTOR®
  • Brockport, NY
ModeratorReplied

Hi @Dustin Beam,

I wish you the best. In this case though you may have to eat it. Sure you could say the carpets were cleaner and there was no staining on it, but when the judge looks at you and says "What proof do you have that there was not this big old stain and these door jams were serviceable"? What are you going to say?

I am not sure if Kansas is a state that awards triple damages but just imagine getting a bill for 3 times the security deposit from them both?

"Your honor, when I moved in there was animal feces on the floor and all that stuff I left was in there"

When he looks at you he is going to be looking for something/anything to give you the benefit of the doubt, but when you say you never even saw it when they moved in. His hands will be tied.

Best of luck!

  • Mike Cumbie

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