Posted on 04/02/2014 9:57:19 AM PDT by Chickensoup
I am a landlord in Massachusetts. I have held back security deposits. Take photos and document all damage. Make sure you keep all receipts for work done. Remember you cannot pay yourself for any work that you do.
Know the difference between normal wear and tear and willful damage. Example, scratches on the floor: normal wear and tear. Holes in the floor, damage.
Before and after photos go a long way to proving your side of it.
The employment status of the tenant witholding the security deposit is irrelevant. The State in which your property is located, however, is relevant. What State would that be?
Regards,
You should probably get in the habit of taking pictures prior to them moving in too.
Excellent advice. Unfortunately too late for these creeps.
Sounds about the only option for you right now. Sucks, but that’s life. As you said, you can always make claim later.
Thats what the security deposit is for. All apt buildings hold back deposits for damage in excess of normal wear and tear and so can you. My sister in law does it all the time on her 3 rental houses.
In all seriousness:
Either get yourself a decent advisor (attorney or otherwise) or divest yourself of your properties and get out of the landlord/tenant business.
If you have to pose this question here, you likely don’t know the answer to much more serious and more liable scenarios that could land you in court and in the poor house....
Read your lease, and look up your landlord/tenant laws. You probably have to itemize the amount withheld from the security deposit, and usually have a stated time period to return any balance owed to them. I’d say get a lawyer, but they frequently cost more than eating a loss.
They should be leaving it as they found it, minus “normal wear and tear”, which can be a bear to interpret.
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