Kiss your security deposit goodbye
Question: I am a homeowner and look for your column regularly.I have a garage in-law (a legally converted garage that is a rental unit) thatis very cute and cozy. I have a married couple renting at the time, and theyhave been here nearly a year. Without going through all the gruesome details,”Dumb” and “Dumber” overstuffed my washer and dryer untilthey finally wore them out and now are out of order. It is very expensive toget them repaired and very expensive to replace. I have taken off $15 per monthfrom their rent, and no longer include the washer and dryer in their rentalagreement. When they move can I keep their security deposit for busting theappliances? They also warped the bathroom floor by flooding the shower, as theydid not have the sense to pull the shower curtain inside the shower stall. Thatcost me $300 to get repaired. I don’t think I should be stuck with thisexpense.
Propertymanager Griswold replies:
I wouldsay that you could charge them for legitimate damages. The warped bathroomfloor from failing to properly use the shower curtain is clearly theirresponsibility. Actually, you are quite fortunate that they didn’t have anenvironmental claim alleging mold or other health condition, as water hittingthe drywall and the floor can result in conditions that are conducive to thepropagation and growth of organic substances including mildew and mold if thetenant fails to promptly and properly dry the wet areas.
Theappliance replacement could also be charged back to the tenant if you can getan independent written verification from the repair people indicating that thewasher and dryer were misused. If they simply wore out from too many cycles(not misused or overstuffed but that they simply did laundry several times perday) then I think you may have trouble charging them the repair costs ifchallenged, as such use could be construed by a Small Claims Court judge orcommissioner as “normal wear and tear.” Having the”independent” opinion of the service repairperson would give you theproof that you need. Regardless, I would suggest that you be prepared toprovide copies of the receipts for the repair costs to justify the securitydeposit deductions.
Question: I belong to an organization in our communitythat tries to help those with financial or other needs. We have a woman whosepartner decided to leave her and her two children, and now she is responsiblefor an apartment lease that she cannot afford. Is there any way she can get outof the lease, which doesn’t expire for another eight months?
Propertymanager Griswold replies:
Contactthe landlord and explain the situation and see if he/she will voluntarily agreeto an early termination of the lease for the stated reasons. They are notlegally obligated to allow this but may be compassionate under thecircumstances. It is not in the landlord’s best interest to have a tenant thatadmittedly cannot afford the rent. You might also be able to offer assistanceto the landlord in locating a new tenant by telling members of yourorganization about the vacant apartment. A positive attitude and pleasantmanner are often the best attributes when trying to deal with unfortunatecircumstances where you are seeking the cooperation of the landlord. Despiterumors to the contrary, most landlords are extremely compassionate and caringpeople.
Thiscolumn on issues confronting tenants and landlords is written by propertymanager Robert Griswold, author of “Property Management for Dummies”and co-author of “Real Estate Investing for Dummies,” and San Diegoattorneys Steven R. Kellman, director of the Tenant’s Legal Center, and JamesMcKinley, principal in a law firm representing landlords.
E-mailyour questions to Rental Q&A at rgriswold.inman@retodayradio.com.
Questionsshould be brief and cannot be answered individually.
***
What’s your opinion? Send your Letter to the Editor to opinion@inman.com.
Copyright 2007 Inman News
