Tenants left place in bad shape? Questions.

[reenzz]

What is the name of your state? Long Island, New York

Tenants gave 30 days notice on Nov. 15th. (they were month to month) I accepted notice.

Tenants physically moved out Dec. 15th, but did not return the keys and were in and out for about a week removing their belongings.

December 22nd, tenants returned the keys and we had a walk through. The place was a disaster and I voiced my concerns...they just shrugged their shoulders and left.

Now, I know in NY state security deposit must be returned within a "reasonable" time...whatever that means, however my concern is it's going to take me a couple of weeks to get this place in re-rentable condition. It needs extensive cleaning, carpet shampooing, furniture removal (they left most of their furniture behind) and repainting...it looks like they started to paint, but never finished.

My husband and I have been doing the work ourselves and plan on charging the tenant from the security deposit. I don't want to be greedy...but I need to know what would be a reasonable amount to charge the security deposit for our labor? Also since they were still in possession of the apartment for an extra week...can or should I charge them for a weeks rent?

 

[Alaska landlord]

but I need to know what would be a reasonable amount to charge the security deposit for our labor?

There are companies that actually do apt cleaning. You might try calling them up for a flyer or even hire on to do this for you. Sometimes having someone else do the work is preferable. And you don’t have to worry about whether you are over charging.

Charge for all labor, supplies, including the cost of paint, carpet cleaning/repair or replacement and hauling stuff to the dump.

Take plenty of pictures before starting the cleaning, just in case this becomes a legal issue. Keep them in your bad tenant file.

I haven’t looked up NY state rental laws, but normally a notice of Nov 15th would cover them till Dec 30th.

P.S. You should have gotten them to sign away any furniture left behind. Now take picutres to cover yourself. I know it's probably just junk, but they might later claim them to be much more.

 

[BL]

What is the name of your state? Long Island, New York

Tenants gave 30 days notice on Nov. 15th. (they were month to month) I accepted notice.

Tenants physically moved out Dec. 15th, but did not return the keys and were in and out for about a week removing their belongings.

December 22nd, tenants returned the keys and we had a walk through. The place was a disaster and I voiced my concerns...they just shrugged their shoulders and left.

Now, I know in NY state security deposit must be returned within a "reasonable" time...whatever that means, however my concern is it's going to take me a couple of weeks to get this place in re-rentable condition. It needs extensive cleaning, carpet shampooing, furniture removal (they left most of their furniture behind) and repainting...it looks like they started to paint, but never finished.

My husband and I have been doing the work ourselves and plan on charging the tenant from the security deposit. I don't want to be greedy...but I need to know what would be a reasonable amount to charge the security deposit for our labor? Also since they were still in possession of the apartment for an extra week...can or should I charge them for a weeks rent?

Reasonable is 30 days . If the security deposit is 1 month rent , send the a Letter stating you're keeping the entire amount if you wish .

You might want to send it proof of delivery .

#1) They did not vacate by the agreed upon date .
# ) You incurred damages ( list them ) .

If your damages are more , keep receipts for the carpet cleaner , etc ., and sue for additional " provable " damages .

It would have been in your interest to take pictures with date stamp on them .

RENT SECURITY DEPOSITS
Virtually all leases require tenants to give their landlords a security deposit. The security deposit is usually one month's rent. The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

 

[You Are Guilty]

Reasonable is 30 days . If the security deposit is 1 month rent , send the a Letter stating you're keeping the entire amount if you wish .

"Reasonable" is generally thirty days. Things like extra-dirty apartments needing a lot of renovation, or tenants moving out during the holiday season, are both good examples why it can be longer than thirty days.

That said, just to be safe, I wouldn't let it get too far into January before refunding the deposit, if any is left.

 

[reggiebob]

You are allowed to charge a reasonable fee for your "do- it-yourself" repairs. keep track of your hours "I'm sure something in the neighbor hood of $25 -$45 an hour would be considered reasonable. If needed get an estimate of hourly rate from a cleaning company. Include carpet cleaning receipts and paint supplies. Also make sure to add the additional 5 days of rent loss for not honoring the move out date. Keep it all and forget about the suing for additional unless it is something "major". Some judges consider the losses as part of the risk of being in business...just let it go and get a new renter in asap. hopefully the next one will be better!! Good Luck

After you show your statement for no return of deposit...it would hardly be worth either parties to seek judgments...just my two cents worth.

 

[OHlandlord]

I'm sure something in the neighbor hood of $25 -$45 an hour would be considered reasonable.

I doubt a court would consider that a reasonable fee. The fees you charge tenants for repairs and cleaning must be job specific, based on the skill required to do the job, and the amount a comparable service would charge you to do the same job. For cleaning and trash hauling, this requires very little skill. No doubt you could hire an individual or a service much cheaper than $45 an hour to do this work. If you could get someone else to do the work cheaper, no judge will allow you to charge that fee. Charge what any service would in your area for cleaning, and you can add in the fees you need to pay if extra fees are charged you for the items that need hauled away. In my area, I could have this done for $10 per hour to clean, and a charge per load to haul away.

For painting and other skilled labor jobs, you can charge what a professional painter would charge, but certainly no more. Here I could get a professional to paint for $25-$35 per hour.

One last item for all LLs doing walk-throughs after a tenant vacates. Check every item and fixture in the place. Make sure all appliances, light fixtures, receptacles, furnace & A/C work, check all drains to be sure they're not stopped up, check windows and doors to be sure they open and lock securely, walk around the property outside and look up at the house, etc. I have found hidden damages many, many times ie: sink sprayers cut in half under the sink, toilet bowl cleaner poured in the tub (turned the fixtures black within 24 hours), cabinet doors being held only by the latch, spouting pulled down from kids climbing on the roof, etc. At first glance an item can look fine, but be broken on further inspection. Walk through several times and check out everything before you return that deposit. It's not that you want to be picky over every little thing. But you don't want to miss hidden damages that can add up to a big repair after you return the deposit.