20 Yr Tenant and Deducting Damage from Security Deposit

Property Manager · Arcadia, CA · Member since 2015 · 37 posts · 17 votes

5y

Wear and tear would dictate eveything would likely be beyond its reasonable Life expectancy- replace everything, no deductions. Unless there’s real damage. We have a five page do in web that covers wear and tear vs damage.

1 Reply

Account Closed

OP

Homeowner · CA · Member since 2020 · 8 posts · 3 votes

5y

So, you are saying that I should not deduct for the large ugly stains they made to the stucco? The stucco is about 10 years old and It looks horrible.

0 Reply

Nathan GesnerBusiness Member

Moderator

Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

5y

You allowed them to stay there for 20 years. Now that they're moving out, you want to complain they are bad tenants? Why did you allow them to stay all these years? Why did you put new carpet in after 11 years if they were "not the cleanest people."

Stucco will clean. Carpet life span is ten years so just replace it. You can absolutely deduct for changing the locks and cleaning. After 20 years, I would ignore the damages unless it's something blatant like stealing an appliance or cutting a new door into the wall.

You have to accept some responsibility here. You say they aren't clean and they're damaging the property, yet you continued to let them stay and even installed new carpet for them. It's time to tighten your standards, get your rent up to market rate, and then it will be easier to hold renters accountable.

The DIY Landlord Book4.7248 Reviews

Website View Page

1 Reply

Kyle J.

Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes

5y

@Account Closed What you described to the windows (e.g. broken locks, drilled holes in the frame, etc) sounds like damage that you could deduct for. Have it repaired and keep the receipt.

The carpet is too old and past its useful life to make any deductions for that.

As for the “stains” on the stucco, to me that looks like it would easily come off if you simply pressure washed it. That’s what I would do anyway, so - since it wouldn’t cost me anything to do that - I personally wouldn’t charge them.

As a general rule, or for anything else related to security deposit deductions in our state, I highly recommend you refer to this document as it will likely answer any additional questions you may have:

California: A Guide to Residential Tenants and Landlords Rights and Responsibilities

1 Reply

Account Closed

OP

Homeowner · CA · Member since 2020 · 8 posts · 3 votes

5y

Nathan,

I said they were not the cleanest people. I did not say that they were bad tenants. You did. A tenant living in a rental property for 20 years is not typical. I was seeking knowledge regarding some areas I was not sure would be considered damage or wear and tear. Your advice to me about tightening my standards does not fall upon deaf ears. I accept responsibility when it is mine. Thank you all for your replies.

0 Reply

Patricia Steiner

Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes

5y

The only deduction that you would most likely be able to claim after this length of tenancy is if they leave the unit with trash, belongings, or not broom swept. That's it. Everything else would not stand up in court. It's not worth the risk of unlawful offset.

Having said that, congratulations on having (extremely) long-term tenants and on their departure. It gives you that opportunity to do some rehabbing and securing higher rent.

Best...

0 Reply

Joe SplitrockPro Member

Moderator

Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes

5y

Originally posted by @Account Closed:

I live in California and I have a tenant who has lived in my duplex for 20 years. The windows in the unit are older windows that I have not upgraded yet. Her co-tenant locks himself out all the time and climbs through the windows to gain entry. They have broken the handle that locks the windows and drilled holes in the metal frames in an effort to keep the guy that is constantly locking himself out, from climbing through windows all the time. They have bent the screens and really damaged the window frames. They are moving out in a couple of weeks and I do not know what to do about the damage they have created. They think that because the windows are old that they should not have to pay for the damage they caused. They are basically saying that the handle broke off because it is old. They are required by the RA to notify me when something breaks or needs repair. They never told me about the handle breaking. I will be doing a walk through in a week and I want to know what I do about the things they have broken. Just because they have lived there for such a long time they should not think that I do not have to deduct from their security deposit for damages and repairs. They even changed the locks and lost most of the keys and the RA states that if all keys are not returned I can charge them. I am really concerned about the condition of the unit because they are not the cleanest people. The carpet is 9 years old. Can I charge them for excess wear and tear even if the carpet is this old? They stained the stucco on the exterior kitchen wall when they cleaned out the sliding window track of the frame with the water sprayer from the kitchen sink. I mean who does that and does not expect to pay for it just because it is an older home? Can I deduct these things from the security deposit even if I do not have the repairs made before they move? Can I get estimates from contractors and make deductions based on the estimates to repair? I am not given access until a few days before they move out. I have so many questions, sorry if I am rambling. Thanks in advance to anyone who responds.

Lots to unpack here. California has the strictest standards on what is considered normal wear and tear. They are partially correct that due to the length of time, you can charge for many things. The window damage is not normal wear and tear. Windows are not made to be an entry point to the property, so if the frame is damaged, you should be able to contract repair.

California has established useful life estimates and for carpet, they consider that to be 5 years for a family or 7 years for elderly people. The carpet is 9 years old, so exceeds useful life by CA standards which means no charge. As far as staining the stucco by cleaning out the window track, the stucco should be able to be cleaned. I am assuming dirt or grease was in the window track, so it may require power wash and degreasing. I am not sure you can charge them for that "damage" because they were just cleaning out a window. They should have washed the outside before it dried and potentially stained. As far as paint, appliances, etc. - they are all rated at useful life less than 20 years, so charging for much of anything is difficult.

Do you have photographs of the property before they moved in to document condition? If you are going to claim damage, you will want proof of condition before move in. Get estimates for all repairs or ideally have the repair done and get receipts. California is very strict about deductions so make sure you follow the law and have your documentation clear in case it goes to court.

Honestly, 20 years is a long time. It is very difficult to prove what was normal wear versus damage.

0 Reply

20 Yr Tenant and Deducting Damage from Security Deposit

20 Yr Tenant and Deducting Damage from Security Deposit

Most Popular Reply

7 Replies