Lawful deposit deduction?

[heididun]

What is the name of your state? Utah
I am glad I found this forum. Thanks for any advice you give. Here's the question. On March 31 my renters lease was up. On April 1st I went over to get the place ready to rent again. Anyway, the house was still full of their stuff and they were in the process of moving it out. To say the place was dirty would be an understatement. I really don't think anyone cleaned during the two years they lived there. The carpet was very stained and smelled they urine (even though they did not have any pets!), there were a couple of holes in the drywall, and nothing had been wiped down. There was "goo" all over the cupboards! The microwave is not working and apparently hasn't been for sometime because they had their own sitting on the counter. One of the sickest things was the dishwasher. I guess it must have stopped working midcycle. It was still full of dishes and water. All over the silverware had rusted and the dishes and dishwasher were covered in mold!
My question is, how much of this can I deduct off of their $685.00 depost? I was already planning on getting new carpet before I saw (and smelled) how bad the old carpet was. I hired a cleaning lady for $15.00 hr. My husband and I worked along side her for over 11 hours. I know I can deduct what I'm paying her. Can I deduct for mine and my husbands time as well? What about the microwave and dishwasher? I never received any notice of them breaking or I would have sent someone out to repair them right away. In the lease it states that everything is suppose to be in working order except wear and tear. The cleaning lady won't even touch the dishwasher because it is so gross. I want to be fair and only keep what I am entiled of there deposit but I am looking at spending alot more money than I had planned on to get this place ready to rent again.

 

[john123456]

What is the name of your state? Utah
I am glad I found this forum. Thanks for any advice you give. Here's the question. On March 31 my renters lease was up. On April 1st I went over to get the place ready to rent again. Anyway, the house was still full of their stuff and they were in the process of moving it out. To say the place was dirty would be an understatement. I really don't think anyone cleaned during the two years they lived there. The carpet was very stained and smelled they urine (even though they did not have any pets!), there were a couple of holes in the drywall, and nothing had been wiped down. There was "goo" all over the cupboards! The microwave is not working and apparently hasn't been for sometime because they had their own sitting on the counter. One of the sickest things was the dishwasher. I guess it must have stopped working midcycle. It was still full of dishes and water. All over the silverware had rusted and the dishes and dishwasher were covered in mold!
My question is, how much of this can I deduct off of their $685.00 depost? I was already planning on getting new carpet before I saw (and smelled) how bad the old carpet was. I hired a cleaning lady for $15.00 hr. My husband and I worked along side her for over 11 hours. I know I can deduct what I'm paying her. Can I deduct for mine and my husbands time as well? What about the microwave and dishwasher? I never received any notice of them breaking or I would have sent someone out to repair them right away. In the lease it states that everything is suppose to be in working order except wear and tear. The cleaning lady won't even touch the dishwasher because it is so gross. I want to be fair and only keep what I am entiled of there deposit but I am looking at spending alot more money than I had planned on to get this place ready to rent again.

Poster:

My response is not meant to be harsh. However, don't you think it best you educate yourself on Utah's LL/Tenant law? It will save you lots of unnecessary anguish.

http://www.le.state.ut.us/~code/TITLE57/57_13.htm

 

[heididun]

Thanks for your advice. I have 2 rental propertys and have been a LL for almost 8 years. I am familiar with Utah law but it is very vague in certain instances. I know that I have the right to deduct for certain things and I do plan on making deductions. I will be using part of their depost for cleaning, paint, and carpet pad. I may even deduct for the poor condition of the carpet. I guess I just feel bad doing that because I was planning on replacing it anyway. What I am unsure about is the Microwave and dishwasher. I never received any written notice that they were in disrepair. It has apparently been several months since they broke down or were damaged. I am bothered that I was never notified that they needed repair. Would it be out of line to deduct for a dishwasher that is broken, full of their dishes, mold, and rust?

 

[john123456]

Thanks for your advice. I have 2 rental propertys and have been a LL for almost 8 years. I am familiar with Utah law but it is very vague in certain instances. I know that I have the right to deduct for certain things and I do plan on making deductions. I will be using part of their depost for cleaning, paint, and carpet pad. I may even deduct for the poor condition of the carpet. I guess I just feel bad doing that because I was planning on replacing it anyway. What I am unsure about is the Microwave and dishwasher. I never received any written notice that they were in disrepair. It has apparently been several months since they broke down or were damaged. I am bothered that I was never notified that they needed repair. Would it be out of line to deduct for a dishwasher that is broken, full of their dishes, mold, and rust?

I do not believe trashing the microwave and dishwasher is considered normal wear and tear. The tenant should have requested repairs in a timely manner and in writing.

As you probably know, Utah law requires you itemize your deductions, in writing, within thirty days after the tenancy ends, or within fifteen days after receipt of the tenant's new address, whichever is later.

Finally, I do not know whether you can deduct your labor for clean-up, probably not. However, stand by for additional responses.

 

[ENASNI]

Is your time worth anything? You most certainly can deduct your time. Buy a new microwave and dishwasher and make copies of the receipts and deduct those too, (making allowances for the age of the items deduct half-life .)

You can't let them get away with trashing your property like that. The security deposit is your security that your property will be left in the same condition as you presented it to them.

If you you gave them a crack-house to rent, then they can leave you a crack house for heckfires sake.


This just chaps my buttermilk.

 

[heididun]

Thanks for all your advice. I just want to make sure all my T's are crossed before I keep any of their deposit. The duplex was actually in great shape when they rented it. It looked more like a crackhouse when they moved out. The sad thing is that the tenant kept telling me how good they thought the place looked after they got all of their stuff out. It's kind of funny how some renters don't seem to care about their deposit while they are living there but the minute they move out all of the sudden they want their money back.

 

[texasgirl1107]

Take pictures!! Lots of them in case you need them for legal action.