Tenant cause $1500 worth of damages and doesn't think the price is fair

[Leslielee]

Hi I'm Leslie and I live in Ohio.

I rented out a room in my home to a lady. From the start she was a problem...broke the towel bar out of the wall the first night, paid late, and caused other damages that total $1500. She is now getting ready to move out and doesn't want to pay $1000 for the vinyl floor that she burned. I got three estimates on the floor, $1300 Lowes, $1500 Home Depot, and $2400Direct Flooring. She thinks these prices are inflated and that I'm screwing her over. I just want her to pay for the damages she caused. She did sign a lease and it states that she is responsible for any damages to the property.
Recently I have asked her how she is going to pay for the damages and she stated that she wants to make a $70 deposit then pay $50 a month until it's paid off...that's 20 months or more! Also said that she got her own estimates, all of which are under $800 to fix the floor. Do I have to consider these estimates when I have already gotten my own? If I have to take her to court do I have to look into her estimates first? How many bills do I have to send her before I can take her to court for not paying?
Side note: She paid $300 in late fees the second month...do I have to use these toward damages?

Thanks everyone

 

[ecmst12]

You will have to take her to court.

You will probably not be able to justify a $300 late charge, that's just outrageous.

 

[Leslielee]

Yeah I had a high late fee $25 a day after the 5th day....she got all the way up to $300... I didn't think someone would be that late. She proved me wrong!

 

[treese]

Your tenant would not be liable for the full cost to replace the flooring - only the depreciated value. A judge will not order her to pay the full cost.

The depreciated value depends on the life expectancy of the flooring material, less the used life.

If the flooring had a 10 year life expectancy and it was 5 years old, she is liable for 5/10 (or 1/2) of the cost. If it was 2 years old, she would be liable for 8/10 (or 4/5) of the cost. If it was 9 years old, she would be liable for only 1/10 of the cost.

 

[ecmst12]

Vinyl flooring is very durable, and he's only charging her for about 2/3rds anyway.

I highly doubt a judge would uphold that kind of late fee, that's just unconscionable. And it makes you look bad.

But you have to take her to court because she's made it clear she's not going to pay you voluntarily.

 

[Leslielee]

Vinyl flooring is very durable, and he's only charging her for about 2/3rds anyway.

But you have to take her to court because she's made it clear she's not going to pay you voluntarily.

The floor is 7 years old and the lifespan is 50 years. I told her that I would lower my price to $1000.00. I think that is completely fair.

So do I just send her one bill and when she doesn't not respond then I take her to court or do I have to send several bills over X amount of time?

 

[BL]

If she has at least a couple estimates of reputable contractors/Co's. in the field of flooring , the Judge will adjust what is FAIR taking in the total of all evidence.

Lowes ,HD,and the high end Co's tend to charge more .

 

[Cvillecpm]

You assess damages AFTER the resident vacates. Follow the guidelines for OH for notification of monies owed and then sue her in Small Claims court assuming she has $$$

 

[sandyclaus]

Do they ever?

Of course the tenant is going to haggle over their debt here. But clearly you've done your research and obtained estimates to cover the costs you are demanding.

You're going to have to take them to court to settle this. Make sure to document the damages (including photos), and bring your estimates. If the tenant does not feel it's a fair amount, then it's her responsibility to bring her own evidence to support her claim of a lower cost for the repairs. You can choose to use whoever you want to for making the repairs (not someone she wants just because it may cost less), but the judge will decide how much they are worth based upon the evidence he sees.

As for those payments she offered, you may want to consider that the court can authorize her to make payments for the debt. She may only be able to make that $70 down & $50 a month payment. But the good news for you is that if they do that, you can also demand interest on the unpaid balance until she pays it off. Not a lot, but that's something at least.