Tenants Want Deposit Back After Leaving Damages Now What?

If tenants leave damage in your rental and then want their deposit back what should we do 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,

We have a rental house and the tenants gave 30-day notice. However, we were leaving for a 3-week trip that had been planned for over a year.

They agreed on a date before the end of the month, for a walk-thru. When we arrived at the house, they had already turned the electricity off.

We of course could not check anything.

We turned on the electricity the next day before we left for our trip and found the built-in microwave not working and several gas stove burners not working. Neither of the two heating units were working. We had a repairman out to fix these and found they never changed the filters during the years’ time. The repairman said the issues the unit was having was caused from lack of air flow due to the dirty filters. There were also broken sprinklers that they knew needed replacing; they had been run over with a lawn mower.

-Richelle

Hi Landlady Richelle,

I don’t know what state you are in but be very mindful of the law regarding timing of deposit return.

Hopefully you made a very detailed walk-thru inspection when your tenants first moved in, with photos of the property and the condition of the property and contents.

Then on the exit walk-thru make a detailed list – with photos if possible – of the condition of the property, appliances, etc. If the tenants caused damage to your property, then you are within your right to use the security (damage) deposit for repairs.

I normally send in photos and receipts for work done with the accounting. Even if the tenants are not receiving any refund, make sure you account for how you spent the funds and follow the law to impose a claim on this deposit. Good luck!

Sincerely,

Hank Rossi

Editor’s note: Check your local and state regulations on issues such as this as it varies across the country.

As a child, Hank Rossi sometimes helped his father take care of the family rental-maintenance business.  In the mid-’90s he got into the rental business for himself. After he retired, he started a real-estate brokerage business with his sister that focuses on property management and leasing. Visit his website: https://rentsrq.com.

Landlords: What To Do When ICE Arrives At Your Rental

How Can I Monitor Tenant Smoking In My No-Smoking Rental?

Do Your “No Smoking” And Odor Policies Stink?

Can I Say “No Pot In My Apartments” When It’s Legal In My State?

photo credit megaflopp via istockimages