Tenant move out responsibilities

[msather]

Hello,

I have recently had tenants of 3 yrs. move out and leave what was a Brand new half duplex dirty with significant staining on the carpets, hole in the laminate flooring, dirty walls & cupboards etc as well as deck railing that comes disjointed easily, some "siding" sheets under an overhang of the house partly torn off and 2 sheets completely off as well as a significant # of gouges in the walls that need to be filled and painted over. There are a few more things but that is enough to give an idea ...

What is "normal" wear and tear and what wear and tear constitutes keeping back the damage deposit.

Thank-you in advance for any suggestions/thoughts.
Michelle

 

[Thomas Beyer]

QUOTE (msather @ May 6 2009, 11:34 AM) Hello,

I have recently had tenants of 3 yrs. move out and leave what was a Brand new half duplex dirty with significant staining on the carpets, hole in the laminate flooring, dirty walls & cupboards etc as well as deck railing that comes disjointed easily, some "siding" sheets under an overhang of the house partly torn off and 2 sheets completely off as well as a significant # of gouges in the walls that need to be filled and painted over. There are a few more things but that is enough to give an idea ...

What is "normal" wear and tear and what wear and tear constitutes keeping back the damage deposit.

Thank-you in advance for any suggestions/thoughts.
Michelle
keep the DD for sure .. AND: send invoice for add`l damages !!

 

[msather]

QUOTE (thomasbeyer2000 @ May 6 2009, 01:30 PM) keep the DD for sure .. AND: send invoice for add`l damages !!

Thanks Thomas. I appreciate your wisdom and direction.

Michelle

 

[RobM]

QUOTE (msather @ May 6 2009, 11:34 AM) What is "normal" wear and tear and what wear and tear constitutes keeping back the damage deposit.

I think there are numerous posts around on the site saying that basically NOTHING that is part of your unit has less than a 5 year lifespan, and thus should be in good working order after 3 years. Carpets are longer than 5. I`m with the first reply, keep the damage deposit and send them a bill for the rest of the repairs.

I`m curious, but how often did you inspect the property (even if it was just to check the smoke detectors)?

Rob

 

[David90]

Make sure you take lots of pictures of the damages. You can then go to small claims court to get a judgement in your favor to help cover the costs.

I got lucky once and managed to get my money back by doing a wage garnishee. But usually they run and hide and you end up with nothing.

The judgement does show up on credit checks to warn future Landlords and creditors that they are a higher risk.

Good Luck! Remember. It is better to loose 1 months rent to find the right tenant than to loose 1 years rent worth in damages.

 

[RCC]

I thought damage deposit was not allowed on residential rental. Is this restriction only for Ontario.
I assume that this property is in Alberta and damage deposit is allowed.
Is damage deposit allowed in other provinces?

 

[housingrental]

RCC - not allowed in Ontario.

 

[Goodstuff]

WHAT???

Landlords are not allowed to obtain a damage deposit in Ontario???

If this is true, why would ANYONE rent out their place in Ontario?

Can someone tell me if this is true?

 

[invst4profit]

Are you a landlord in Ontario.
It is true in Ontario the RTA does not allow deposits except for last months rent.

 

[Goodstuff]

QUOTE (invst4profit @ May 19 2009, 08:26 AM) Are you a landlord in Ontario.
It is true in Ontario the RTA does not allow deposits except for last months rent.


No, I`m not a landlord in Ontario. And after hearing this, I never plan to be.
With no damage deposit you must spend all your time chasing down deadbeat renters who destroy the place and take off.
That`s crazy!

 

[RCC]

With no damage deposit in Ontario, what is the best way to prevent losses due to damage.
I think of small claims court but this is time consuming.
The other thought I had is inspection week or two prior to move out and request tenant repair damages but this is up to tenants goodwill.

 

[housingrental]

RCC - Good product and good applicants greatly reduces potential for damage. Photo place before move in and doe move in / move out inspection with tenant. Nothing more you can do.

 

[invst4profit]

Ontario has no adequate system to deal with damage costs which usually leaves the owner on the hook. Small claims court is usually the best approach as you can garnish wages if necessary but Proof is usually the biggest stumbling block. You will need move in pictures and a signed form from the tenants
acknowledging move in condition.

Assuming you do not have too many doors the best preventative approach is to inspect on a regular bases. Once tenants are aware of the fact that regular inspections are being undertaken to ensure everything is working properly (eg: fire alarms) they usually take better care and are more up front in reporting damage before you find it yourself. With this method tenants can be held responsible for damage before they move on leaving the landlord on the hook for the repairs. Finding damage as you go along makes it more affordable for tenants to pay for said repairs.

Inform your tenants up front that you do complete inspections on a regular bases, give them 24 hr notice each time, and you will end up with better "trained" tenants in the long term.

If you leave the inspection to the end you will end up taking it in the end.

 

[RedlineBrett]

QUOTE (invst4profit @ May 20 2009, 11:03 AM) Ontario has no adequate system to deal with damage costs which usually leaves the owner on the hook. Small claims court is usually the best approach as you can garnish wages if necessary but Proof is usually the biggest stumbling block. You will need move in pictures and a signed form from the tenants
acknowledging move in condition.

Assuming you do not have too many doors the best preventative approach is to inspect on a regular bases. Once tenants are aware of the fact that regular inspections are being undertaken to ensure everything is working properly (eg: fire alarms) they usually take better care and are more up front in reporting damage before you find it yourself. With this method tenants can be held responsible for damage before they move on leaving the landlord on the hook for the repairs. Finding damage as you go along makes it more affordable for tenants to pay for said repairs.

Inform your tenants up front that you do complete inspections on a regular bases, give them 24 hr notice each time, and you will end up with better "trained" tenants in the long term.

If you leave the inspection to the end you will end up taking it in the end.

Great advice here! Nice post!