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Updated about 7 years ago on . Most recent reply

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36
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Jon L.
  • Real Estate Agent
  • Orange County, CA
19
Votes |
36
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Tenant's personal indoor AC unit leaked. Damaged flooring

Jon L.
  • Real Estate Agent
  • Orange County, CA
Posted

Our tenant just moved in 3 months ago and brought his personal/portable AC unit. It leaked water into the next unit, out to the exterior, and warped half the family room laminates, which were installed a week before he moved in. 

His deposit is $1200k but I don't want to take from that now since he has another 9 months left on his lease. Am I allowed to bill about $4/sq ft to replace the laminates and baseboards or do I have to just take it from the deposit when he moves out? This is in California

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Marcia Maynard
  • Investor
  • Vancouver, WA
4,335
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3,601
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Marcia Maynard
  • Investor
  • Vancouver, WA
Replied

So sorry this happened to you. We have a clause in our rental agreement property rules that helps prevent this. Here is the clause.... perhaps you can amend your lease and/or use it in the future.

AIR CONDITIONERS.Tenant agrees to not install or cause to be installed air conditioners without prior written consent of Landlord. Such installation, if not done properly, could result in structural damage. Not all electrical circuits have enough amps for air conditioners and overloading an electrical circuit could cause circuit breakers to trip and/or cause damage or fire. Air conditioners must be positioned to allow condensation to drip outside the building, not inside. Installation and removal of window air conditioners can cause damage to window casings and window tracks.Tenant agrees to pay for damage that may occur from air conditioners. If a screen is in place, Tenant agrees to notify Landlord to request removal, so Landlord may secure the screen in safe storage and for re-installation at a later time.

About the damage.... Yes, charge for damages as they occur or as you discover them. If you wait to use the security deposit after move-out, it will rarely be enough. The amount you charge must be reasonable. Push back will be less if you talk with the tenant about it before they receive the bill. Be open and honest with him, firm, friendly and fair. Don't delay either; being swift to enforce the terms of the lease agreement and to attend to maintenance and repair needs is important.

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