Security Deposit Question

In providing an itemized list of charges for excess wear and tear is it permissible to add an item if I am not 100% percent sure it needs to be replaced? This relates to a property in AZ. I live out of state and by the time I get out there to get several opinions on whether the carpet can be cleaned versus replaced, my 14 day expiration period in which to send out my letter expires. I was wondering if I can add an estimate of replacement cost and if I find I do not need to replace it then just remove that charge??? The damages and back rent they owe far exceeds my security deposit retained even without the carpet replacement cost. Or is this something that if I find to be needing replacement that I can go after them later??? I currently have a signed agreement from them allowing me to autodraft their checking account until all monies owed are paid. Anyone have any experience, thoughts?

Comments(7)

  • d_random21st August, 2009

    Here is a video with a description of a similar situation, sounds like you might be on the hook for the cost.
    http://www.videojug.com/expertanswer/trees-and-neighbors/if-my-trees-roots-damage-a-neighbors-septic-system-am-i-responsible

  • klarbi11th December, 2008

    The good thing about section 8 you get your rent every month,with my experience those who pay a third or more of their portion of the rent take good care of your house

  • jfmlv195016th August, 2009

    Have never been a buy and hold guy, but always willing to change tactics when necessary especially in this market.

    Got a question about Section 8.

    After all the inspections have been done and the property has been deemed acceptable to Sect 8, as part of the renter’s paperwork when using a check in/check out guide that the renter approves and signs, does telling the renter that any breakage/destruction will result in:
    1. Being reported to Sect. 8 as undesirable
    2. By this derogatory report they may be thrown off the Sect 8 program.
    3. The only way to keep getting their rent paid is by keeping the property in good condition.

    Newkid, I read your response above and it gave me a partial answer, Thank You…I would like to hear from others as well.

    My question is does Section 8 back you up in this or do these tenants just don’t care?

    Thanks in advance.

    John (LV)

  • jfmlv195017th August, 2009

    Thanks NKT,

    I was hoping for assistance in enforcement. That was the answer I was looking for.

    Appreciate it.

    John (LV)

  • ceinvests17th August, 2009

    That is interesting New Kid.

    My terrible experience in Howard County left me feeling that they absolutely washed their hands with any cooperation when the tenant was clearly at fault. Do you simply work the the caseworker to get your results/cooperation or did you go to a higher level?

    I must clarify that my tenant was a mess of a single Mom and the system just did not want her children to be homeless, so... and she used the system as much as possible. I also was out of state, which is not the way to conduct this business I have learned.

  • NewKidInTown321st August, 2009

    Each housing office has its own issues, and staffing problems are high on the list. I may just be lucky with the Frederick County office. I have no property in Howard County and have no first hand experience with their section 8 office.

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