Security deposit deduction

[Hidden12]

TN.
As a landlord in nashville tn what are the laws on security deposit an deductions if the tennant has violated electrical nec an fire codes safety rules with many unauthorised electrical fire violations.an damaged the microwave over the stove?
Can the costs for the electricians to asses an prove the electrical overload --the tennant caused - be deducted from deposit ..Also after they are given a 30 day notice by violation of fire code , an refusal to comply, an they moved out -can the required next electricians verification that the rental is now safe again an safety check [ but a outlet tennant damaged was found an had to get replaced] be removed from deposit also ,especially since the 2nd electrician found damage to a outlet ..found after the tennant moved out.]
There was a major violation of lease when found that tennant installed many many unauthorised outlets together - lease requires preapproval.an ran wires out the front dooor..many many more violations via safety codes .

There's also a ton of pinholes an some dents an many nail holes ,stickers on walls also an mold in shower an on blinds ..can I deduct automatically after repaired an cleaned on these -or must I let tennant come back an do it after they have already moved out an no water an no electric were on 3 days before my walk thru.


Also can carpet cleaning be performed then deducted from deposit after moved out[ ,note tennant had no water an no electric on at last 3 days ] if the lease says they are required to get carpets cleaned an didnt..Many stains an dirt proven by carpet tech.
Is the landlord required to let them attempt do these things --after violated --or can they deduct it an use it to cover cleaning cost an get it done as a landlord.?
We are talking a deposit of 500 an the person was there 5 years ..so it's really justifiable.
But the electrical negligence is what I want to know on with electricians fees .
Thanks
I got full videos an paperwork on all of it.

 

[adjusterjack]

Let's start with the TN Security Deposit statute. Read it, know it, follow it to the letter.

Tennessee Code § 66-28-301 (2019) - Security deposits. :: 2019 Tennessee Code :: US Codes and Statutes :: US Law :: Justia

You get to deduct for "damage." Code violations may be enough for termination of tenancy but only "damage" caused by those violations are compensable.

One outlet got damaged and had to be replaced. You can deduct for that repair cost, not for the cost of inspections and verifications.

Carpet "stains" that cannot be removed by cleaning, are "damage." If you have to replace carpet due to "damage" you depreciate the cost based on the age of the carpet and deduct the result. The tenant doesn't buy you new for old.

Pinholes, nail holes and stickers. Depends on how extensive. One wall? Every wall? Make sure you take lots of photos if you expect the deduction to pass muster in court. Again, if you have to repaint, you apply depreciation.

Broken microwave. You deduct the cost to replace less depreciation.

Cleaning is part of owning a rental. You don't get to deduct for that. It's normal wear and tear. Though I always treated excessive dirt as damage.

You probably have enough items to eat up the whole $500 and then some. Just make sure you itemize and document everything and get the notice of the adjustment out to the tenant before the deadline.

 

[FarmerJ]

when it comes to repainting and you have to use a primer to hide staining or things like a tenant who let a child draw with crayons or markers on walls , its likely you would have to prime them before using regular paint and you should be able to charge for the primer used but not the paint. You also wrote >-or must I let tennant come back an do it after they have already moved out < the tenant moved out and its never a wiser choice to let tenants do repairs you could end up with repairs that are so poor you have to re do them , tenant moving out = not in possession - control of the unit any more. you also wrote >tenant installed many many unauthorised outlets together - lease requires preapproval.an ran wires out the front dooor. < your not exactly clear as to what this was , BUT if tenant made changes to the permanent wiring you can charge to have it corrected , If tenant used power strips and extension cords in the home then Id have to wonder if the homes wiring was older and the number of outlets in the house was low like the house i grew up in ( master bedroom 3 outlets , other two bedrooms each two outlets, living room one on each wall(4) , kitchen 1 behind stove 1 behind fridge one near one side of counter, other by window ) cords ran to outdoors thru side or bottom of doors not the best thing but then if you do not have any outside outlets I can see a tenant doing such a thing. When you do your final disposition as to the deposit I suggest you send it out via confirmed mail delivery so you can staple your copy to the postal receipt.

 

[LdiJ]

It is also possible for electrical damage to be the fault of the landlord. If the electrical system is older and is not enough for today's usage then it can be the landlord's fault. It is a bit unusual for electrical code violations to be the fault of a tenant. You want to be sure that there is no confusion there.

 

[Zigner]

It is also possible for electrical damage to be the fault of the landlord. If the electrical system is older and is not enough for today's usage then it can be the landlord's fault.

As long as it complies with code, then it's not the landlord's "fault" if the tenant overloads the circuit.

It is a bit unusual for electrical code violations to be the fault of a tenant. You want to be sure that there is no confusion there.

I would agree that the municipality won't go after the tenant, but if the tenant made unauthorized alterations, then the tenant can certainly be held financially responsible to the landlord for removing those alterations.

 

[LdiJ]

As long as it complies with code, then it's not the landlord's "fault" if the tenant overloads the circuit.
I would agree that the municipality won't go after the tenant, but if the tenant made unauthorized alterations, then the tenant can certainly be held financially responsible to the landlord for removing those alterations.

I didn't say otherwise. The point I was making was that the landlord needs to be sure that he was supplying a normal amount of electricity for today's usage or he could possibly be opening a can of worms. If everything is normal, then it is a moot point. And yes, if the tenant made alterations then that is definitely on the tenant.

 

[Zigner]

I didn't say otherwise. The point I was making was that the landlord needs to be sure that he was supplying a normal amount of electricity for today's usage or he could possibly be opening a can of worms. If everything is normal, then it is a moot point. And yes, if the tenant made alterations then that is definitely on the tenant.

The underlined portion of your statement is what I take issue with. As long as the electrical system, wiring, etc., meets code, then the LL is ok. If it's an old house with an old electrical system that meets code, then the LL is doing nothing wrong. The LL doesn't have to perform upgrades on a compliant dwelling just to increase the amount of electricity available to the tenant.

 

[LdiJ]

The underlined portion of your statement is what I take issue with. As long as the electrical system, wiring, etc., meets code, then the LL is ok. If it's an old house with an old electrical system that meets code, then the LL is doing nothing wrong. The LL doesn't have to perform upgrades on a compliant dwelling just to increase the amount of electricity available to the tenant.

Ok. I really did mean that as long as it was up to code. However, on an ongoing basis the landlord could have to continue to contend with continuing electrical fires if the electrical system is up to code, but not up to today's usage.

 

[Zigner]

Ok. I really did mean that as long as it was up to code. However, on an ongoing basis the landlord could have to continue to contend with continuing electrical fires if the electrical system is up to code, but not up to today's usage.

...and such fires would be the responsibility of the tenant for overloading the system.
The LL should make sure that the limitations are clear in the lease and should also carry plenty of insurance.

 

[LdiJ]

...and such fires would be the responsibility of the tenant for overloading the system.
The LL should make sure that the limitations are clear in the lease and should also carry plenty of insurance.

My house is older, but the electrical system was upgraded to breaker boxes before I bought the house. If I overload the system it trips the breaker rather than causing a fire. When I was young and lived in the same neighborhood with the same houses it blew a fuse if we overloaded the system (couldn't run the TV and a hair dryer at the same time LOL) I still have some reservations about any system where a fire starts just from overloading.

The OP is going to be sorely disappointed if he assumes that the tenant is always responsible and some judge down the road disagrees. Yes, it is probably going to be the tenant's fault, but only the OP knows whether or not something is subpar at all with the electricity in the home.

 

[Zigner]

My house is older, but the electrical system was upgraded to breaker boxes before I bought the house. If I overload the system it trips the breaker rather than causing a fire. When I was young and lived in the same neighborhood with the same houses it blew a fuse if we overloaded the system (couldn't run the TV and a hair dryer at the same time LOL) I still have some reservations about any system where a fire starts just from overloading.

The OP is going to be sorely disappointed if he assumes that the tenant is always responsible and some judge down the road disagrees. Yes, it is probably going to be the tenant's fault, but only the OP knows whether or not something is subpar at all with the electricity in the home.

A properly functioning electrical system has protections built in to help prevent fires in the household wiring, however, that doesn't factor in the improper use of extension cords. It's entirely possible to cause a fire by overloading an extension cord while not even causing the househould wiring to sweat. That is NOT the LL's fault. That is the tenant's fault.

 

[LdiJ]

A properly functioning electrical system has protections built in to help prevent fires in the household wiring, however, that doesn't factor in the improper use of extension cords. It's entirely possible to cause a fire by overloading an extension cord while not even causing the househould wiring to sweat. That is NOT the LL's fault. That is the tenant's fault.

I agree that an overloaded extension cord can cause a fire without actually involving the electrical system. I also agree that would be the tenants fault. Heck, we had an extension cord go bad in the office and start a fire, and it was an expensive one with a surge protector etc. One has to be cautious with extension cords period.

 

[Hidden12]

I was ready for this ---- I know electric!!
NOTE ITS A CONDO not a house - an from 1980s but a well built Bryant panel! .I own the other side or condo connected so I stressed it moreso since it poses a threat to other tenants ..
Had the 1st electricians inspection an findings recorded on video an written up ...tennant overloaded - as electricians are used to - to send codes administrator on the findings ...- I had already spoken to the codes dept an the one who leads inspections .he actually called her many days before electrician was out to inform her of the dangers / on the many violations an best steps to take to comply to those laws an fire codes ...

the 1st electrician also wrote up a few of the violations he saw by tenant... I submitted pics, violation of overdrawn circuit an electricians write up to Codes - electrical.
I also notated exact violations tenant was doing per 400.1 an cords wires,strip outlets wires going out doors, overloading circuits etc ..
After she was out -
Had 2nd electrician confirm code compliance on all electric an test all outlets for any possible damages by her.they tested good now ..but a broke off ground was inside a outlet in the kitchen an he replaced it. With pic..-.can that cost for both electricians be 100% removed from deposit? Since caused by negligence an lease violation?

An since it's in lease 2 times that Tennant must have carpets clean before move out an didnt .does that give way for deduction after I've cleaned up the 5 years of grime ,dirty carpets an some stains -pics..?
Also Must I give her a chance to come back an reclean the condo where mold is seen an dirty dirty blinds an grime along with wall holes -or can I pay the 40 I've managed to arrange- to pay someone to tidy it to satisfactory condition as before move in .I have before an after move in/out pics.
She's thinking she is to
get all her deposit bk an talks taking me to court if not..I haven't replied yet but made it known briefly that Tn has up to a 30 day period on return of deposit .As she's pressuring me , I'm .Getting ready to send - I bet 50 pages her way w files, pics,the lease ,violations,electricians reports, my costs ,cleaning carpet cost,mold removal an cleaning an replacement of microwave .totals about $508
Deposit is $500..( really more trouble than it's worth after 5 years of residence- but she's from Kenya an doesn't understand law ,codes rules etc..all spelled out in writing to her on paper before 30 day notice.- (not my problem)

 

[Hidden12]

how do I put pics on with no http?

 

[Zigner]

We don't need pics.
It is unlikely that you can pin the cost of an internally broken ground on an outlet on the tenant.
How long ago did she move out?