Water Damage - Can I deduct the cost?

[jksladky]

My tenants just moved out, and I noticed that some baseboards in the bathroom were totally blackened with mildew (they used to be white). The condo that I rented to them is 4 yrs old, and they lived there for 2 years.

It turns out that there was a leak from the shower that caused the area around it to be in such bad shape. I need to correct the leak and replace the baseboards. Can I deduct the whole cost from the deposit? The tenants were to notify us of any defects and were responsible for any damages, but they can claim that they didn't know about the leak.

 

[army judge]

It turns out that there was a leak from the shower that caused the area around it to be in such bad shape. I need to correct the leak and replace the baseboards. Can I deduct the whole cost from the deposit? The tenants were to notify us of any defects and were responsible for any damages, but they can claim that they didn't know about the leak.

Sure, they can claim they didn't know about the leak.
But, you had a duty to notice the leak, too.
Did you conduct periodic inspections of your property?
Did you do a walkthrough with the tenants when they vacated the premises?
How long ago did they leave?


The following comes direct from the official California small claims court website.
It explains security deposits.
Be careful not to over reach in retaining the security deposit.
Your tenant can sue you in small claims for not returning the deposit within the three week timeframe.
And, if you can't prove why you retained the deposit.
You might want to discuss this with your former tenant before you proceed.
You could end up paying them!!!!

Does a security deposit have to be returned?
If a tenant damages the property, the landlord can deduct the cost of fixing it from the security deposit. But if the tenant returns the rental in substantially the same condition in which it was rented (less reasonable wear and tear), the landlord must return the deposit. A landlord can't make tenants pay for painting, new carpets or curtains, unless there was serious damage. The landlord is allowed to deduct the cost of cleaning if necessary to put the unit back to the same level of cleanliness it was in at the time the property was leased (less reasonable wear and tear).

Within 2 weeks of the tenant's move-out date, the landlord must advise the tenant, in writing, of the right to be present at a walk-through with the landlord. The purpose of the inspection is to allow the tenant an opportunity to repair damage pointed out by the landlord.


After you move out, a landlord has 3 weeks to return the security deposit or send a list of how much each of the damages cost including all receipts. Click here for help writing a letter asking a landlord to return a security deposit. A landlord can only charge a tenant for unpaid rent and for fixing damage by the tenant that wasn't caused by normal use.


What if I think the landlord is keeping too much money for repairs?
The landlord has to prove that the repairs are necessary and reasonable and must provide you with receipts for those repairs.

What if I don't get my deposit back after 3 weeks?
Write a letter to your landlord if you feel too much was retained from your security deposit and explain why you believe you are entitled to a larger refund.

Keep a copy of the letter for your records.

What if I can't agree with the landlord?
File a claim in small claims court. You can sue for the deposit plus twice the amount of the security deposit in damages. The judge will give you damages if the landlord retained your deposit in bad faith.

http://www.courtinfo.ca.gov/selfhelp/smallclaims/research.htm#secdep

 

[jksladky]

I did not conduct a periodic inspection of the property, and they just vacated less than 2 weeks.

 

[sherllin]

Yes Army judge is saying the right thing. you should do periodic inspect of your property. you can call a plumber to fix the leakage. but to fix the whole damage, you must do contact with a reputed Water damage repair company.
They will provide you all the services to fix your whole property.