Questions for landlords????

Question

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

Also, can or should I charge them and extra weeks rent since they were still in possession of the apartment till the 22nd.

How do I show receipts of my labor? I did take dated photo's of the place the day they left.

Answer 1

In general you might not have handled this as best as possible.
The extra days are probably a moot point as they were moving things out and did not really live there, and you did not have another tenant lined up.
A day or two after my tenants notify me they are moving out I schedule an inspection. I list out all the problems and the costs I would incur:
Removing junk in basement - 5 hours x $15 = $75.
Cleaning stove and oven - 3 hours x $15 ...
Carpet stains - Cleaning - $100.
General Cleaning - Bathrooms $50
Kitchen - $50
Bedrooms - $50.
So now they have an indication of the situation before hand and have some time to address the situation. The final inspection will note if any of the listed items were addressed. If so they are deducted from the charge.
As for painting and carpet cleaning. That might be considered normal wear and tear.
I would just itemize each issue and the time it takes. Keep a log of what you are doing.
Off the top of my head, I would hold back $100-$200 for what you are describing.
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Answer 2

Landlord/tenant regulations variety in each and every state, you probably did not record your state. yet, generally if a hire states that the tenant has to grant a 60 day word to end the hire, and he provides basically some days word, you may sue him in court docket for 2 months, plus shop his protection deposit if he leaves the place of abode a large number.

Answer 3

First, you're undermining your position by saying they "physically moved out Dec. 15th". You don't know that -- especially if they were in and out until December 22. I would count December 22 as their last day of vacancy.

Charging to clean-up someone else's filth is not being greedy. Tenants are responisible to return your property to you in the same condition they received it. You may even want to consider a quote from a cleaning company such as SERVPRO or ServiceMaster just for a comparison. Also, check your state's laws regarding dealing with abandoned property. You'll probably need to formally notify the tenants that you intend to dispose of their remaining property.

In many states, security deposits are to be refunded or a statement issued within 30 days of move-out (Dec 22). Your best bet is to overestimate and let the tenant dispute the charges. Worse case, you'll have to turn their debt to a collections agency or mediate the dispute in small claims.

Answer 4

I have had this problem myself in TN. The same thing happened to my husband and me. We did not RETURN their deposit. I would keep everything documented and all receipt's of all purchases that you had to make for all repairs. You can charge them the extra week but I doubt that they will even pay it because they couldn't even return your key. But that can be a good thing too. ALWAYS change your locks for new tenets. Did they sign a lease? That is always a good thing to do also. Our tenets did not get any of their deposit back at all. If you have to charge more for the clean up then try to do that. add it on to your extra week that they owe you.
Good luck!

Answer 5

I'm in a different state, but they have not legally "left" until they have completely moved out all of their belongings and the keys are in your possession.

As for the deposit, as long as you have receipts for the work you had to do as a result of their tenancy, no decent judge would go against you if they tried to fight it. (This wouldn't include normal wear and tear though.)

Answer 6

Possesion was until the 22nd and they owe until then. Look also at your rent agreement. Normally it specifies that their 30 day notice must coincide with the rent due date (ex. the 1st of the month)

Reasonable is define by your state law.

You need to have prrof of all the costs in order to charge against their deposit. Your time is worth what you would normally pay someone.

I would call carpet cleaner, painter etc to get in a clean it. If will allow you to turn the prperty faster to get another tenant in. You should have the unit ready to go in 2 weeks or less. The longer you wait, the more rent you are losing.

Answer 7

You charge them rent to the END of December, since their 'thirty day notice' doesn't take effect until December 1. That's the way it works.

Furthermore, you keep track of your time and materials costs. Charge a reasonable rate per hour for your labor, and add that to any other costs you incur. Then you keep their security deposit and head to small claims court for the excess.

Trust me, their security deposit is NOT going to cover what you have listed.