Security Deposit Return w/o Move-In Condition Report - Michigan - Grand Rapids

[Mac Boeve]

One of my tenants recently moved out.

The place wasn't trashed, but seems like they did no cleaning when they left. Visible dirt/dust on almost every surface, trash (including Q-tips) left on bathroom floor, toilet not cleaned, food splatter around kitchen, smudges on walls, windows and mirrors, list goes on... 

There was also some minor damage: handful of nail holes in every room, their cat scratched up some of the trim, a bunch of dings/gouges around the doorways and in the bedrooms, marker stains on the bedroom wall.

More significant damages: The tenant put glow stars up in the kids bedroom. We have older ceiling tiles, so when each star was removed it tore off the surface of the tile. So the entire ceiling needed to spackled and painted. How much of this work should I charge to the tenant? What I'm torn about is that the ceiling tiles were not painted, if I had painted them before hand, there's a decent chance this damage would not have occurred? Does that even matter, or should I charge the full amount for the painting/patching?

Lastly, there were a few small (but very visible) stains around the carpet. The carpet is 3-5 years old and was in great condition. I'm not going to replace the whole carpet. How much can/should I charge for this? 

They only rented from me for 9 months so the "normal wear and tear" should be pretty low.

Unfortunately, I do not have a move-in check list on file. But I have pictures from before they moved in and plenty of pictures of the mess and damages. I have had some verbal conversations with the tenant regarding the move out process, but nothing documented outside of the lease.  

In our lease it states: "Landlord and Tenant may conduct an inspection at the time of possession. ... Taking possession of the Premises by Tenant is conclusive evidence to the fact that the Premises are in good order and satisfactory condition." 

It also states: "The landlord shall inspect the premises and itemize damages against and Inventory Checklist. The security deposit will be used to repair any such damages or any other obligation against said security deposit including but not limited, to unpaid rent." There is also some verbiage in the lease regarding cleaning and such.

So, I feel I have some grounds to stand on, even without a move-in checklist. 

Can I legally charge them (i.e. hold up in court if they dispute)?

How much can/should I charge the tenant for the cleaning, minor damages, ceiling damage and carpet damage?

[Benjamin Aaker]

The best answer will come from an attorney in your area but here is some general advice: The place should be left broom-clean (hopefully that is in your lease). Dust and trash and smudges will need to be cleaned. Hire a cleaner or find out the hourly rate and document your hours. Nail holes are probably wear/tear, but cat scratches are not. Nor are the stars in the ceiling. They do look cool, don't they? Until they have to come down. Whether you painted or not beforehand shouldn't enter into the decision. The damage had to be repaired, so I would charge the full amount. If you don't intend to replace or clean the carpet, then you shouldn't charge the tenant for it.
Hopefully you will learn from this to have a move in checklist, but its absence is not critical. Your pictures can be helpful.
In my state, I have to do an inspection and send a letter to the tenant that there will be some charges to their security deposit. Then, I do a full inspection and itemize all the damage repairs and send a letter to the tenant stating what was deducted, along with a check for the remainder. These have deadlines associated with them, so make sure you follow those.
In your unfortunate case, the amount probably exceeds your security deposit, so then you will have to decide if you will initiate a suit for damages. Again, you will need an attorney.
Often it comes down to risk/benefit analysis on whether to make a legal claim or not. With the photos, you probably have a claim. As to whether it would stand up in court, ask the attorney.