Tenant Damage Question

[Jason Alexander]

Hud Recertification is up on one of our apartments. Tenant brought in a list prior to the HUD Inspection. The list includes: replace 2 light globes she says she broke while changing the lights. a couple holes in the back room, drawers in the kitchen need put back on?, toilet handle is broken. In the past we would go over and get these items fixed so that the HUD inspection would pass and we would have a seamless recertification process. However, this time I am thinking, Why should we have to pay to fix the damages the tenant caused? HUD tenants have little income and most can't afford extra expenses....How have you guys handled these issues in the past? Should I just fix the small things and forget about it or should I add the cost to the tenants ledger and try to talk her into paying it off over time?

[Dan Maciejewski]

Generally, the rule is to never touch the security deposit until it is used after move out.  In fact, I'm pretty sure that's what the Landlord-Tenant Act says in all states.

If they don't have the cash, I would definitely put them on a payment plan, and if your jurisdiction allows it, Make sure that their payments go to that before rent.

And let them know that, in the future, they need to let you know ASAP when there is damage.  Not to wait until inspection time.