State Specific Question About: OKLAHOMA (OK)

I would like to know after the tenant leaves what kind of repairs and cleaning that we have to do we can use it toward tenant non refundable pet deposit and security deposit. My former tenant had two dogs and urine on carpets. I had to replace carpet in one bed room and hire a compony to clean carpets. She messed up the paint in that room,we had to paint whole room,and also paint three bathrooms bright colors ,so we has to repaint them in neutral colors and did some repairing too such as buying a new screen door lights caulking and clean whole house . Now she is fighting and wants her deposit back. can you call me at 405-414-3223 or write me an answer my questionsplease What is wear and tears and what is her responsibilities. Thanks

How long was the tenant there? You must distinguish between damage vs normal wear and tear. If you have other units to use as a comparison, you should be able to quickly gauge normal vs damages.

Carpet and paint has a lifetime. Consult a tax book or advisor for specific advice, or come up with a number that makes sense for your particular business. You might say that carpet has a 5 year life, and paint has a 2 year life. Any damages that reduce the life would be prorated based the life already used. ie: a tenant that ruined carpet after 2 years would be charged 3/5 of the cost to replace the carpet.

some may disagree, but I say that DIRT is not normal wear and tear. Apartment should be left reasonably clean, including carpets.

Assuming you have "before/after" or "move-in/move-out" documents and pictures, you should be able to bill the tenants for any repairs other than normal wear and tear. Local judges will interpret this phrase widely, so what someone says here may not apply for your state or municipality.

If you do not have any kind of before/after documentation of the unit's condition, then likely you cannot charge anything. If you do charge and the tenant disputes your charges and wins, you can end up owing double or triple the amount of money "wrongly witheld".

Do you have something in your lease that no repairs or paining without written permission? Most leases do. Painting can be expensive. Pay someone to do it. . .Plus charge for paint. This gets around the problem that some judges say the landlord must mitigate damages and if the landlord does the painting himself, this is mitigating damages and he gets nothing for his labor.

Double and triple damages are penaltys for bad faith. In most instances disputes over what is normal wear and tear is not bad faith.

I use 7 years to depreciate carpet and have not been challenged by a judge. Most landlords taking a carpet deduction in court will take the full amount without depreciation and get called on it. Judges don't like to see this.

Do not argue your case with the ex tenant. Make sure all future communication is in writing. If not, when you get to court you will find that you have made some amazing statements that you can not remember saying.