Tenant damaged the walls

[blksheep]

What is the name of your state (only U.S. law)? OHIO

My tenant moved out and returned the keys to me last night. Once she left we went inside to see how she left it. Surprisingly it was fairly clean. Only a dirty stove and hood. She only lived there from Oct 15th 2007 to July 30th 2008. Less than 10 months.

Every wall and ceiling was painted prior to her move in. She took some kind of oil based stuff and put it on every hole and scruff mark on the walls – and there are a lot! She put it on so that it dripped down the walls. Now I have to sand all the walls and re-paint them. Can I take the cost out of her deposit?

Also we had put in a brand new laminate floor for her. She has put long scratches across the floor. Can I charge her for the damage even if I do not replace the floor considering it was new when she moved in? Thanks!

 

[Gail in Georgia]

The issue that often comes up after a tenant moves out is what is the difference between normal wear and tear and damage in a rental lease agreement.

Normal wear and tear would include small scratches on the walls or paint, worn or slightly stained carpeting, broken hinges or other insignificant damage. A landlord will often have to repaint the property because of this but this would not constitute damage and thus you would not be able to charge your tenants for this. For example, repainting because your tenants scratched the walls while moving furniture out is not likely to be chargeable. Fixing a hole in the drywall where the door knob was slammed open as they were hauling the furniture out would be.

In your case, the size and number of the holes in the walls might be the bigger issue as opposed to what she used on them.

Are you planning on attempting to repair the long scratches that were put in the wood laminate flooring?

Gail

 

[MIRAKALES]

The oil-based holes and scuff marks on the walls should be washable with a good quality paint. The scratches to the laminate if not able to be buffed should be replaced. Tenant can be charged for time and expense to clean and restore, or tenant can be charged for clean and replace. However, (it goes without saying), do not bill for painting or floor replacement if that is not the case. The condition in which the premises are delivered is the condition that it should be returned. Most tenants will care for a premises in the same manner that it was delivered. In other words, expect additional floor damage if the floors are delivered damaged. Deliver clean walls and floors without damage and expect a better return.
The State of Ohio requires that the security deposit settlement statement be issued within thirty (30) days of move-out. Send the settlement statement and security deposit refund (if any) via certified mail and first class mail to confirm delivery and receipt regardless of signature.

 

[ecmst12]

Um, you can only charge her to repair the floor if you actually repair the floor. You shouldn't have to replace the whole floor just for a couple of scratches. Also you can get 'scratch repair' stuff (near the cleaning supplies at the supermarket) that I've used before with really good results, depending on how deep they are. Minor scratches just disappearred though.

I do kinda doubt that oil stains will completely wash off of the walls but I don't see why SANDING would be needed. Can't you just prime and paint?

 

[Mrs. D]

Did your lease include any restrictions on hanging decorations on the walls? Mir is right, for once, that minor dings and scuffs to the wall caused by moving or rubbing furniture are generally considered normal wear and tear. If, however, the lease stated that nothing was to by hung on the walls with nails or screws, and you can reasonably conclude that the damage appears to be from hanging decorations (no one dings a wall less than a foot from the ceiling while moving a chair, and nail and screw holes look different than minor damage from moving furniture), then she is responsible for the damage. She may also be responsible if the lease specifically stated that she must repair any holes in walls from hanging decorations. This assessment is based on having been a resident of Ohio, and actually having a minor dispute with a landlord over some of these issues. In that case, LL claimed I violated lease by hanging decorations, when, in fact, furniture left some scuff marks and one minor ding. My lawyer argued (in the initial demand letter, which prompted LL to return deposit) that no one reasonably hangs a decoration less than 3 feet from the floor and you can tell the difference between a nail hole and a ding from furniture. Not sure how a judge would see this, but my lawyer exclusively represented tenants in LL/tenant disputes (very successfully, I might add), so I assume he knew what he was doing.

As for the oil-based "stuff," if you have to do something to remove that and then also repaint, you may be able to charge her for the extra labor and supplies. Are you sure sanding is the only solution? Ammonia-based cleaners will remove oil, and you could also try using liquid dish soap (Dawn takes grease...), unless the paint you used was really cheap.

I don't think you can charge a tenant for damage you don't plan to repair. Don't you think that's the *least* bit shady, to charge her for damage, not repair it, and still get the full life out of the floor? Also, while laminate is tough, a few little scratches are to be expected, again, from things like moving furniture. I shockingly must agree with Mir again, tenants often base how they treat something by the condition it is given to them in. As a homeowner (I assume), have you ever required guests to remove their shoes because of new or freshly cleaned carpet? Would you do the same if the carpet was already dirty or damaged? Just basic human nature, I guess.

 

[blksheep]

My lease states "No holes or stickers are allowed inside or outside the apartment; however, a reasonable number of small holes for picture hanging are permitted. " However it is not the scruff marks or holes that are the problem(even though there are a TON). It is the oil based goop she put over them. Most of it was already dried but where she had the biggest clumps and drips I was able to get some on my finger and it was oily. It will have to be sanded - it does not wipe off once dried and it is thick and uneven leaving a lumpy wall. I actually ask tenants NOT to repair the picture holes. We used decent 25year paint when we painted it 10 months ago.

As to the floor there are scratches 1/8th of an inch wide and 3-4 feet long. Replacing the entire floor would be needed to fix it. I guess I will have to decide whether to replace and charge or let it go.

 

[HuAi]

Tenant can be charged for time and expense to clean and restore, or tenant can be charged for clean and replace.

Only for expense

 

[MIRAKALES]

This sounds like a vindictive tenant… that requires a totally different approach.

• The excessive oil-based product on the walls would be categorized as damage. There is no reason to use oil-based products in excess on the walls.
• The deep (1/8 inch) and long (3-4 feet) scratches would also be categorized as damage. The only reason for these type scratches are due to dragging items across the floor.

Take multiple digital photographs from various angles of ALL damages that are date stamped. Acquire three estimates from paint and flooring contractors to confirm the need to perform repairs. Deduct the estimated cost of repairs from the security deposit and sue for the balance. This should be an easy court decision, especially if LL has a Move-In Inspection Report with move-in photographs. (Some states allow LLs to charge for their time to restore premises to the original condition.)

 

[ecmst12]

How DEEP are the scratches?

 

[Zigner]

This sounds like a vindictive tenant… that requires a totally different approach.

• The excessive oil-based product on the walls would be categorized as damage. There is no reason to use oil-based products in excess on the walls.
• The deep (1/8 inch) and long (3-4 feet) scratches would also be categorized as damage. The only reason for these type scratches are due to dragging items across the floor.

Take multiple digital photographs from various angles of ALL damages that are date stamped. Acquire three estimates from paint and flooring contractors to confirm the need to perform repairs. Deduct the estimated cost of repairs from the security deposit and sue for the balance. This should be an easy court decision, especially if LL has a Move-In Inspection Report with move-in photographs. (Some states allow LLs to charge for their time to restore premises to the original condition.)

I agree with you on this EXCEPT that date stamps on a camera can be faked (I can change my camera's date in about 47 seconds, and that includes the time to FIND the camera ).
Better would be a newpaper with the date showing...

 

[blksheep]

The scratches are deep enough to take the surface off and is down to the raw material.

 

[ecmst12]

I'd say that's from more then just moving furniture or any kind of normal wear and tear.