Here’s my list of “what went wrongs”. I live in another state than the home I’m renting out, so I am having to rely on hearsay.
1 - The main issue. The tenants called me about 4 times telling me they had a leak in the bathroom. The first time, I sent a plumber and he went out and added a new wax ring. About 8 months later, I get a call saying the toilet is leaking again. I sent the same plumber out, he replaces the wax ring again. At this time, the plumber told me that he didn’t believe it was the toilet, but the tenant’s insisted it was. The 3rd time, they called and said the toilet was still leaking and that it was now leaking into the kitchen. I sent the plumber out again. The plumber found that it was actually the fridge that was leaking and not the toilet. Per the plumber, he told the tenant’s that he didn’t believe the toilet was leaking, but they insisted that he fix the toilet. The plumber capped off the water line leading to the fridge, which fixed the problem, but left us with an even bigger problem. The laminate flooring in the kitchen is now completely ruined and the kitchen reeks of mildew. Per the tenants, they told the plumber that they thought it was the fridge and not the toilet, but he acted like he didn’t care. I’m stuck trying to figure out if I am able to keep their deposit to pay for the damages to the flooring. I don’t believe the plumber had a dog in the fight because all he was there for was to fix something, he was getting paid regardless of what he fixed, and it was a lot more to fix the fridge. The tenants, if they thought they would be blamed, would have a reason to say that they tried to tell the plumber it was the fridge, but he didn’t listen. I have found in the past that the tenants are not honest people, they lied about how many pets they had (I agreed to 2 small dogs, they had 2 small dogs, 2 large dogs and a cat), rent hasn’t been paid on time since they moved in, they’ve bounced checks and in the past, if I’ve had a problem with them, they’ve argued and argued with me even though they were in the wrong. They have been quite the headache, but they’ve moved out now. So, obviously, I want my floor fixed, but I don’t want to have more of a headache than I need if I keep their deposit when I’m not supposed to. Am I warranted to do so. I also have other things that I’m charging them for, burn marks on the ceiling above the stove, not returning all of the keys (I’m wondering if they are/were planning on returning to try to steal my appliances because they kept a key and said they only got 1 key which is bogus because the locks on the house were brand new, and they left all of the windows unlocked), pet stains on the carpet. Oh, by the way, the deposit was in total about 1200.00. Thank you for your answers.
***We used to live in the home, but moved out of state. We were unable to sell it due to the economy, so that’s why we were renting it out.
Tags: kitchen equipment, compact kitchen appliances, kitchen supplies, designer kitchen appliances, kitchen cookware
3 Responses to “Can I keep this tenant’s deposit. Colorado.”
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Seems like you need an active property manager to help you with the property.
Replacing the carpet, cleaning all surfaces, floors, walls and repainting to remove pet odor should take care of the deposit. Additionally did you charge interest when they paid late or bounced checks. I am surprised you let them stay in the place if they were not paying timely.
Toilet vs Fridge - Sorry the plumbers story doesn’t ring true. Why would he replace the wax ring on the toilet if he was sure that was not the problem (tenants insisting is ridiculous, they were not authorizing the work, you were). I think he charged you for two sets of work you didn’t need at all and missed the real cause and is trying to cover it. Unless the plumber documented on one of the receipt visits that the problem was the fridge & tenant refuse to allow him to fix it then you have no case for the floor repair against the tenants. More likely you could sue the plumber successfully, but with little documentation you would be hard pressed to win against him/her.
If you didnt want a headache then you shouldnt be renting out property in a different state. If you lived nearby you could have checked the leak yourself. I’m not sure how a leaky toilet could have damaged the kitchen floor. It all seems very confusing but in the end i dont think they are responsible for the floor. The plumber should have noticed where the leak was really coming from and checked all water sources. Why would the tenants lie about the true source of the leak. I doubt they would want to live in a moldy wet place. It actually seems like the other damages would total $1200. Get estimates and take pictures then keep their deposit.
It sounds like it has nothing to do with the tenants. They only see water on the floor and they called you to get it fixed. As soon as they did that, they were no longer responsible for any damage or figuring out where it came from. If you are not going to have an onsite manager you have to take some losses. As for the other problems you will have to document them to withhold the security. You should change locks on an apt every time anyways. With the pets, you should have charged them a $200 fee per dog up front no refund, and had the terms in the lease. You should get out of the landlord business or stop whining about problems caused by your neglect and inability to screen tenants. Did you even have them fill out an application with references. Be careful though, tenants steal stoves all the time. :::rolling eyes:::