What happens when a renter sends a notice of lease termination is the question this week for Ask Landlord Hank. Remember Hank is not an attorney and he is not offering legal advice. If you have a question for him please fill out the form below.
Dear Landlord Hank,
My tenants have sent email to formally terminate their lease. As part of the email, they told us that they want reimbursement in an amount of $7,000 for their refrigerator, washer, dryer and televisions, which they said were damaged by the electricity in the house.
They have never notified us of these problems; they replaced the appliances without our knowledge or permission.
Are we legally supposed to reimburse them when they never notified us of these problems? There also deep scratches on the hardwood floor that were not there before. The tenants said the scratches were normal wear and tear. How do we prove it is not normal wear and tear?
-Cora
Dear Cora,
I hope you have a good lease and an adequate security deposit with these tenants, and that you did a detailed walk-through inspection of the property before the tenants took occupancy, with lots of photos.
The lease will normally spell out the law in your state for security-deposit refunds and timing.
The deposit is not meant to cover normal wear and tear, which is a normal deterioration of the property over time. It’s the difference between leaving small nail holes in the wall where they hung pictures, but not a big hole from a doorknob hitting a wall or someone hanging a TV from the wall.
Normal wear patterns in a carpet are from walking a path, not from rips, snags, burns or non-cleanable stains. Cabinet doors can be squeaking or loose but not damaged or missing, drains can be slow but not completely plugged up with hair, appliances can be dirty but not damaged due to misuse.
In the case of wood flooring, fading or a worn finish – especially in high-traffic areas – is acceptable, but not scratches, gouges, warping or water-damage from tenant abuse or negligence.
The walk-through inspections at the beginning and end of a lease will document in writing and photos the initial and final condition of the property and is a critical step in this business so you have proof of the condition of the property and the contents.
Per most leases there is a maintenance/inspection clause detailing that tenant shall maintain the premises in good, clean and tenantable condition throughout the tenancy AND shall notify the landlord immediately of any maintenance need or repair in writing.
I would find a good attorney in your area that specializes in landlord/tenant law and have a consultation.
These are the kinds of tenants that make this business challenging at times, but possibly could have been avoided with careful and deep screening up front, before leasing to them.
In the future, try to obtain at least five years of residential history so you know your applicants have taken care of prior properties, paid their rents on time, gave notice, didn’t cause any property damage, and that other owners would re-rent to them. Good luck!
Sincerely,
Hank Rossi
Each week I answer questions from landlords and property managers across the country in my “Dear Landlord Hank” blog in the digital magazine Rental Housing Journal. www.rentsrq.com https://rentalhousingjournal.com/asklandlordhank/
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Editor’s note: Be sure to check the laws and regulations in your city or state on this issue as rules vary across the United States.
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