Advice on itemized deductions from tenant's damage deposit ?

Question

Please advise regarding itemized deductions for tenants damage deposit. Just want to withhold $700 deposit. Undecided re lawsuit. I understand wear and tear and depreciation for deductions. Tenants stayed 2 years. We don't rent house for $ gain, hubby moved for work so had to rent another place to live. 

First, Tenant said we needed a secondary snow roof to protect deck from heavy snowfall. We wrote into the lease, and he confirmed by email that he wood maintain it. Was in exchange for reduced rent. 

Log pillars secured to the top of the deck instead of to ground. I didn't notice in his plans. The lease is at our other house. Didn't shovel deck and the roof collapsed destroying deck. Insurance adjustor confirmed this reason. We will pay deductible and have fixed. Tenant said she didn't live at house full time.

Malicious damage? 4 holes punched in garage Sheetrock. Various trees limbed, two small trees chopped and burned. Giant burn pile, burnt logs spread all over, his construction waste melting through snow. We were told he was fired from construction job for his temper.

Negligence- tenants didn't inform of water leak In garage, so some mold, we fixed timelyCoLones to Cali while other tenant was left to maintain property herself. New front load washer fell face down off box platform, now leaks. Ripped Sheetrock and pulled pipes. Just Happened again, not knowing it happened before. We could have secured first time! Took down our pictures placed under stairs in garage so Waterlogged and broken glass. Kicked door off frame, he reinstalled wrong, changed lock so need new keys to match all locks in house. Failure to Shovel venting for fireplace, therefore we hired serviceman to repair twice so $300. Probably our responsibility.

Will get receipts for new door/locks. My mom and I threw away pictures. No receipt. Will provide adjustors report for deck, will need to send itemization doc timely, before repair. 

So few receipts as of yet. How to itemize fairly?

Kini · Accepted Answer

You take a tenant's word that you had to pay for another roof? You have to add up all repairs and send the bill to tenant within the time frame in your state. I am sure the total will exceed the $700 damage deposit. Dont ignore the real cost and dont let the tenant off lightly.

Anonymous · Answer

So few receipts as of yet. How to itemize fairly?

So far you are doing a good job.  Include the deductible that the insurance company is charging you as well as any increase in insurance premiums.  You should not have to pay the deductible nor an increase in insurance premiums due the tenant's negligence.

Keep in mind that a tenant has the legal right to dispute any charges they believe are unwarranted or excessive so have all of your ducks lined up in a row.  Have plenty of documentation to support your case.   And MOST IMPORTANTLY,  be sure to provide a statement of deductions and refund money [if any] within the time allowable.  If you do not do this the tenant could recover 2x-3x whatever money you have withheld.  Your state's statutes will tell you how much time you have.  It is generally 15 days 60 days depending on the state.

Anonymous · Answer

uncertain i've got been given all of this yet once you the two signed the hire and she or he had assets in there the entire time, she is in charge for her a million/2 of the hire for the entire time whilst she wasn't there if for any length of time, she probable isn't answerable for the utilities once you moved in it replaced right into a joint undertaking you the two introduced issues to the apt and the two used them except different preparations have been made ahead of time once you left and the owner checked your area of the apt and you settled with the owner on your element and he refunded what replaced into ultimate of your deposit that could desire to be adequate on your facet and in case you returned a key to the owner, you could have no further requirement for any keys if that's what you have been supplied in the 1st place if her facet replaced into no longer as much as par and the owner is charging her for her element you have already got settled with the owner on your a million/2 settlement with the owner on your area has been executed, she needs to guard her area in case you experience she owes you something, confident you could take her to small claims courtroom and fantastically on account which you have all the documentation to assist your declare

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Advice on itemized deductions from tenant's damage deposit ?

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