Home Inspection for rental?

Question

I have a long term tenant and I have a feeling they are not keeping the home in the best conditions. Last time I was there, there was spegitti sauce on ceiling, the walls were covered in crayons. I am planning on notifying them I will be doing an inspection at the end of the month. My question is what if I document the damage is more than the 1600 deposit what recourse do I have? There lease ends in October. Also, if there is a property management check list I would appreciate it! Thanks BP fam!

Kevin Sobilo · Answer

@Daniella Spears, first off you didn't state whether you intend to keep this tenant or not. That is something I would think about. A tenant who pays and stays but who isn't perfect is not necessarily a bad tenant to have. So, the issue you have is that they aren't keep the property as well as you would want. However, if they stand up to their responsibilities in this regard then they ARE a good tenant and I would keep them!So, yes inspect the place. Most leases allow for a landlord to enter the property with notice (often 24 hours). Document all the damages with pictures. I would also discuss these things with the tenant while you are there. Then make a plan to have these items fixed and bill the tenant back for it. Your lease should state that bills, fees, etc are payable before rent or AS rent. So, that if they don't pay it is unpaid "rent" and you evict for nonpayment of rent. Also, if you are concerned that some things may reoccur, discuss with the tenant. For example minor wall damage like crayon. Instead of fixing it now, have the tenant pay you for the damage and repair when they lease. This way if more damage occurs to the same wall, it won't cost any more to repair and you will have already collected the money for it and its easier to repair when the unit is vacant upon turnover!So, my advice is that if this is the only issue with this tenant to take it upon yourself to manage the situation itself because there are FAR FAR worse tenant situations out there and also turnover/vacancy is costly. So, jumping to that should not be the first choice when things aren't ideal because things are OFTEN not ideal.

Michael Smythe · Answer

Document everything with pics, preferably a video with them in it! They can't deny a video they are in.Check your lease and local statutes to see if you can start eviction proceedings for excessive damages. Highly recommend you hire an experienced eviction attorney (not a jack-of-all trades one).

David M. · Answer

@Daniella SpearsDefinitely have a talk with them and set some expectations. For example, I had one tenant who believed I had to repaint the place between tenant. So, some crayons and what not is no big deal since I would have to paint over it anyway. I had another who just figured they would wipe up the crayon (it was these new cleanable crayon stuff) before they left one day. In fact, they were periodically cleaning the walls so that the kids could keep drawing on their bedroom walls.It may work out. Good luck.

Theresa Harris · Answer

As others said, do an inspection and if there are problems with things (eg pasta sauce on the ceiling), tell them you will be back in a week to make sure any problems are dealt with and document the problems. Did you say anything about the crayon or ceiling when you were there before?

Eliott Elias · Answer

You will not be able to inspect the property if it is not in your lease. If the repairs constitute a dollar amount higher than the deposit, you are going to have to pay for it yourself, show receipts and proof of work, and go after them for that money.

Andre Taylor · Answer

The investors above laid out some great info. At this point you can bill them in hopes they will pay for the damage thats over their security deposit but one thing I do in my rental is quarterly inspections. That helps me see how the tenants are keeping things up to part and keeps them on edge to know I am a involved landlord.

Richard F. · Answer

Aloha,Well, your intuition is good...but your reaction time is terrible! What does your Rental Agreement state regarding care of the home and damages? You should have given them a Notice of Violation/Notice to Cure when you first noted the issues, unless the walls and ceiling have melamine panels covering them. At this point, since they are, as you stated, "long term" Tenants, I will assume they have been in the unit for years, and the odds are that you will need to make substantial cosmetic and physical repairs to get it prepped for a current market rate Tenant. At this point, I wouldn't waste time on an inspection until they do vacate in October. Since they are long term, I probably would not send a notice regarding these specific violations at this point either, as it will not serve much purpose now, other than upsetting them. The damage is done.If the unit is outdated and run down, you will not be able to charge much to the Tenant, as age, and "normal" wear and tear are not Tenant responsibility. Sure, you can charge for painting a wall covered with crayon art, but if you are painting the entire unit anyway because the paint is 7 years old or more, I would not necessarily deduct from SD, especially if you, or prior owner/PM never inspected the unit. Actual "damage", such as fist-sized holes in the walls and doors, or large water stains from a poorly maintained fish aquarium, damaged countertops, destroyed screen doors, and similar issues however, I definitely would be deducting for.At best it is a poor practice to make deductions from Security Deposit; at worst it is a violation of local LL/Tenant law. You need to look that up. It is a poor idea, if legal, because then you have zero dollars left when they do actually vacate. Anytime repairs are necessary and are Tenant responsibility, you should have the repairs completed, pay your handyman or whoever made the repair, then bill the Tenant for reimbursement- providing them a copy of the paid invoice. If it is a large amount, I might make a three month payment plan available...or not.Regarding a checklist, you should have a copy of a "move in condition" report, which is a good starting place for inspections, but more importantly in this case, you need that to substantiate that the Tenant is actually responsible for the issues noted. Without it, many jurisdictions will assume the property was vacated in exactly the same condition as at move in...in other words, no deduction allowed.