Dispute of Condition of Property. Filthy Unit.

[Collin Schwartz]

I am turning a unit in Omaha with an inherited tenant whose unit contained, grease all over stoves and vents, cobwebs/dust on walls, really bad odor (cigarettes), blackened floors and shower. He says the unit was like that when he began the lease. What is a good way to mitigate this issue, he wants his deposit back but the cleaning/damage is probably twice the deposit.

[Michael Boyer]

The inherited tenants will often be your worse...

If the prior owner (if I understand this right) did not document the unit condition well (checklist and photo), then you run some risk. 

That is, the departing tenant may head down to the local legal aid office, especially if they qualify by income, or even use the small claims process if an articulate or professional tenant.

So you will have him say it was like that (and maybe a smoking buddy will vouch for him, too, who claims he helped in the move in and was like that).. And you will have well... not much unless the prior owner was diligent or is cooperative and helpful. I find sellers are often harder to contact after closing (rely on the kindness of strangers there).. Worse yet, check your state rules (or ask a professional) on wrongfully withholding a deposit. Some have enhanced damages. More risk. So I would offset it if I had a good factual basis (something in writing, for example) but probably give it back if I did not have a leg to stand on (i.e. nothing but a hunch he probably trashed it)....

Views vary on chasing tenants or retaining deposits. I see landlords that will chase tenants (like that paper boy in the John Cussack movie Better off Dead (1985) after his "two dollars")... more power to them. I just haven't the energy and it does not pencil in terms of what my time and peace of mind is worth.......Other landlords, like me, are just glad to be rid of the dirty/bad tenants, happy to have a vacant unit, and ready to roll up my sleeves to rehab the unit (check some of the smoke and odor tips on BP). New floors and some fixtures may be due anyhow.. I find focusing on prepping the unit for a great new tenant (and  how it will shine when I am done) is a more positive approach than fighting with the old one, especially without a strong argument. But everyone charts their own course...

Best of luck!