Posted: 8/8/2006 10:56:17 PM EDT
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Well, ARFCOM seems to have the answer to everything, so here's my situation: My family still owns my childhood home in Huntington Beach, CA. For reasons of sentimentality, my father has decided to take the house off the rental market, and make it a home again, even though my parents don't plan on moving back to the US any time soon. For a few years now, we've had the same tenant, using a rather standard rental agreement. This agreement includes a clause stating that the tenant will agree to NOT make any modifications to the house without prior approval of the landlord (my folks), which includes painting. They were given 30 days notice to vacate the house, which seemed pretty standard. When picked up the keys from them in July, I was dismayed. They had taken the liberty to paint several rooms in the house. An upstairs bathroom and neighboring bedroom is now sky blue. The kitchen and family room are now mustard yellow and feces brown, respectively. They had even half painted a metal banister to try to match the feces brown. My mother is none too happy about the paint job. And she's trying to get the cost of repainting taken out of the security deposit. The tenant's bitching about how we didn't give them "enough time to repaint the walls" to return them to the original colour. Mind you, we've already opted not to charge the tenant for cleaning the house (the carpets were FILTHY), since we're rennovating the house. AND we've not charged them the extra 4 days rent past their original move-out date. So, my mother wants to charge them (we've not returned their deposit yet), the tenant's bitching about having to pay for repainting, and now my mother's worried about being sued over this. What am I supposed to do? Are we safe? Or am I going to have to SSS? (just kidding about the last part) |
| Keep as much of the deposit as you need to return the house to the condition it was rented in. Take photo's of everything so you can show them to the judge if you are taken to court. You will be able to compare them to the photos you have of the house before it was rented. You do have such photos right? |
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Your tenant's have been in there for a "few years"...how many years is that? If the paint on your walls and the cleaning of the carpet are your only concern...you're gettin off good. There's a wear and tear clause in every rental contract. What's the problem man...sounds to me like you and your mother are trying to do a diservice to some loyal renters that didn't try to fuck you over but now you're trying to fuck them over. Were you expecting them to give your house back brand new?......They paid the mortgage for a while in addition to any deposits and rent. |
Keep ALL the deposit. Unless it's over $3K no Atty. in his right mind would even look @ the case. Anything under $5K is small claims court anyway. Remember-the renter can "eff" the carpet all up to be damned, an it will still fall under "normmal wear and tear". The painting however, is on the Leaseor. The Leaesor doesn't have to re-paint the home to restore it to the "original" condition, but any modifications are on ttheir dime. Just my .02. |
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The thing is..if you haven't put their deposit into a certiied bank account, you're in trouble legally. If they want to protest your decision legally...you're toast. Bottom line is.....if your renters tore up your house structurly(sp) than you have a case. It sounds like from your first post that they didn't. Repainting and minor repairs are something that you just need to suck up. ' |
So its ok for them to break the contract and paint the walls which was forbidden to do without approval from the owner? If thats the case let me work on your car. Sure you brought it in for an oil change but I also put in a new engine and transmission to make it run faster. BTW that will be an extra 10k now. |
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Here in AZ, we cannot charge the tenant to paint the residence after move-out. It is considered part of the standard turn over. The security deposit is for incurred damages and penalties for early withdrawl from the contract. About the best you can argue is that their choice in color requires primer - where if they would have left the walls white none would be needed. But you would have to repaint the house anyway, so your mom's argument is nothing more than a technicality. Had you been doing inspections and noticed the different paint, then you could opt to repaint and charge the tenant or disolve the contract for non-compliance. If it were me (and I am a property manager, btw), I would return the deposit in full if no physical damage outside the scope of normal wear and tear existed. You do have their deposit in an interest bearing account, right? They get all that interest, too, just so you know. Legally, the tenant violated the lease, but repainting is considered normal wear and tear. So how a judge would rule this I cannot say. Would probably depend on the judge him- or herself. Save yourself a lot of headache and hassle and return the deposit with interest. |
It's called "co-mingling funds", that only applies if the Leaseor has the property deeded in a Corp., LLC, LLP, ect. If it's a "sole proprietorship" (other State Laws may take president), the law is different. Base line:... If the Leasee just lived in the structure, you're "effed". But if the Leasee modified/damaged the structure "beyond common standards", prohibiting "the continuance of further revenue realization", you may have a grounds of seizure (deposit). Otherwise you are screwed. Check your local/State Housing Laws. And always consult an Atty. for accurate consultation. |
