Valuing moveout damage and depost money

[Ryan Mulrooney]

Yesterday was the first time a tenant moved our of our rental home and left damage inside the home. I have some questions about how to value it. There were four areas of concern that I noted during the walkthrough:

1) A $600 kitchen ceiling fan -- the centerpiece of the kitchen decor -- had been replaced by a cheesy $40 bathroom fixture. The tenant said it stopped working. I doubt that. He never mentioned a problem with it when he was living there. It was not left on the property, and he did not have an explanation for where it went. He put up his own fixtures in two other places but returned my original fixtures. The fan was perhaps 10 years old, but my move-in photos show it to be working and in excellent condition. Do I charge full replacement cost with installation or some depreciated cost?

2) He mounted a flat television over the fireplace and left four 3/8" holes plus impact damage into the actual bricks, not the mortar. I was asked whether mounting there was OK in the beginning, and I said yes. This does not seem like basic wear and tear or returning it to its original condition. What are your thoughts? I'm having repair quoted.

3) A mirrored closet door in the master br was cracked from some kind of impact. I had somebody out, and they said it could not be repaired. Tenant said they were heavy and hard to keep on the tracks, but didn't state how they came to be damaged. Replace would be $1,000 but it could be done with wood doors for $300. Is this chargable against the deposit?

4) He left a hideous trampoline in the back yard full of yard debris. He said he would come by and get it in a few days, so that has yet to happen. The turf under it is destroyed and the garden area around it is overgrown. Is yard repair and cleanup fair game against the deposit. Tenant was responsible for yard maintenance. The turf part of the lawn was ok, but all of the gardens looked like the property was a vacant hobo home.

Thanks

[Wesley W.]

1)  If you have the original receipt for the fan, I would charge 50% of retail.  If this goes in front of a judge, you will be seen as unreasonable to ask for full retail for a 10-year old fixture.  Your position on this item will be stronger if your lease has language regarding making unapproved repairs or improvements.

2)  I think you fill those holes with mortar and move on.  If you gave permission, that's all the judge needs to hear.  If you were especially concerned about the way the TV would be mounted, you should have specified that back then.  My lease states that written permission needs to be given, so there is no "he said, she said" in small claims court.

3)  That's going to be another tough row to hoe unless you have a sales receipt.  I would get an estimate for repair of the mirror and charge that.  Unless this is a high end rental, I'm not sure $1000 would fly even with a receipt.  Unless this is a class A property, I'm not sure why you have such expensive accessories.

4)  I would charge for debris removal as well as lawn repair.  Again, hopefully your lease speaks to this specifically.  Mine states that any trash left behind that needs to be removed will be charged back to the tenant.  If you have "before" pics of the yard, and the lease stating they are responsible for lawn maintenance, I think you are good.

Keep in mind, in many cases a judge will not allow you to charge for your own labor unless this is spelled out in your lease.  Better to get estimates (or better yet, invoices) from contractors and use it as a business expense.