State Specific Question About: OREGON (OR)

What is considered normal wear and tear on carpet and mini blinds after the tenant has been in the unit 6 years.

carpet, I would say it should be cleanable...not destroyed

blinds, I would expect them to need cleaning at least and maybe replace half of them due to damage.

most of my tenants are pretty hard on apartments and only stay a couple years or less.

How bad is it?

after 6 years, you should use some discretion. If an otherwise good tenant, you might want to cut her a break. Don't sweat the small stuff, as they say.

In 2 years many of my tenants destroy miniblinds. I would say 6 years is pretty long lifespan for blinds. You can get cheap replacements at walmart or hdsupplysolutions.com. However, for severe damage, I would probably charge.

Carpet, some say it's got a life of about 5-7 years. So I don't think you can charge for much here, except for *cleaning*. Dirt is not normal wear and tear.

In California 5-7 years is life of carpet. One Prop. Manager I know uses 5 years. In court, she says any more would be thrown out.

After 6 years give the dog a break, do you have any idea what you would need to spend in clean up fees advertising and loss of income.

Count your blessings on this one and get ready to bend over on the next one....I think your luck is about to run out....

If you have those made in China plastic mini blinds, they are trash and you should not charge the tenant. You are lucky to have them last that long and the tenant must have been very careful with them.

If they were custom metal blinds, those bend easily and are also junk but you may want to charge something for damage to them. Those are supposed to last a long time but the slats bend so easily and can't be straightened sometimes. I had one and no more after that.

Hi Carolyn.. and good question..

As a PM in Ore. and Wa.. I use the following in the rental agreements..

Been tested many times in court..

So with all the other good advise, use this for the argreement

DAMAGE: SEE CHANGES & REPAIRS.

THE PROPERTY HAS BEEN REVIEWED BY THE OWNER/LANDLORD PRIOR TO THE TENANT’S POSSESSION.

THE PROPERTY HAS BEEN REVIEWED BY THE TENANT/S ALSO PRIOR TO SIGNING, AND POSSESSION AND THEY ACCEPTED IT’S CONDITION WITHOUT FAULT OR NEED UNLESS NOTED HEREIN.

1. AT POSSESSION, THE TENANT/S HAVE EXCLUSIVE CONTROL & POSSESSION THAT EXCLUDES THE LANDLORD FROM ROUTINELY COMING ONTO OR INSPECTING THE PROPERTY AT WILL AND WITHOUT NOTICE.

SO WITH POSSESSION THE TENANT/S HAVE THE RESPONSIBILITY FOR CARE AND CONTROL OF THE PROPERTY AS OUTLINED HEREIN AND IN STATE LAW.

ANY RESULTANT DAMAGE BY ANYONE, OR SHORT COMINGS OF CONDUCT BY ANYONE, DURING POSSESSION OF THE TENANTS, , THE TENANT/S ARE RESPONSIBLE FOR.

2. TENANT/S SHALL IMMEDIATELY NOTIFY LANDLORD, BY PHONE & IN WRITING, OF ANY AND ALL DAMAGE OR CHANGES TO THE PROPERTY.

3. IT IS THEREFORE AGREED;

3A: DAMAGE WILL BE DEFINED IN THIS AGREEMENT, AS A CONDITION THAT IS INCONSISTENT WITH OR DIFFERENT FROM, THE MOVE IN CONDITION OF THE PROPERTY, OR A CONDITION THAT SHOWS EVIDENT DAMAGE, SUCH AS A BROKEN WINDOW.

3B: DAMAGE SHALL ALSO BE DEFINED OR DEMONSTRATED WHERE; THE NORMAL AND CUSTOMARY USE OF THE ITEM OR ANY PART OF THE PROPERTY WOULD NOT RESULT IN THE CHANGED OR DEFECTIVE CONDITION AS MAY BE FOUND AFTER THE TENANT/S MOVE OUT.

3C: EXCLUDED WILL BE NORMAL WEAR AND TEAR; THIS IS DEFINED AS THE RESULTANT CONDITION THAT CAN BE DEMONSTRATED TO BE WITHIN THE CUSTOMARY OR INTENDED USE AS DETERMINED BY THE LANDLORD OR A SERVICE PROVIDER.

3D: ALSO EXCLUDED ARE ‘ACTS OF GOD’ OR WHERE THE TENANT/S INSURANCE HAS MADE WHOLE ANY DAMAGE TO THE OWNER/AGENT.

3E: ALL OTHER RESULTS MAY BE CONSIDERED DAMAGE BY THE LANDLORD.

THE MOVE OUT CONDITION WILL BE COMPARED TO THE MOVE IN AND PREVIOUS CONDITION TO DETERMINE IF THE RESULTS ARE DAMAGE OR WEAR AND TEAR.

The age or depreciation is only a concern if you think the issue will be taken to court. If this is a simple deposit return, charge for replacement. The LLs job is to protect his investment. Be strong and protect your business. The tenant is "waiting", hoping you won't notice the stuff he broke.

1. Broken is broken, I don't care how long. Wear is fading, not broken or dirty.

We just took down some 50 year old blinds. (the painter "assumed" we were replacing them and tore them up!)

The blinds in my house are are 20-30 years old and not dirty or bent, even with kids, dogs, and 50 youth group teens every Sunday.

2. Carpet - stained is stained, ripped is ripped not matter how old. We have some rental carpet that has been down for 20 years. With proper cleaning and little abuse, it will last for several more years.

Some carpet in my house is 30 years old and still looks great.

A truly pro carpet steam extractor tech can do WONDERS to bring carpet back to life.

3. If the tenant has moved out, why are posters concerned about giving T a break - he's GONE! Not that we're a grinch. We are fair but firm. We still get many referrals and return customers form the ones we charged. They just want to be treated fairly. BUT, we don't give away money to people who are no longer part of our business, esp skips, no-pays, housebeaters...

Beware: If you charge full replacement value, it’s a pretty easy case for the tenant to win in small claims court

The courts frown upon such actions, you will get a lecture by the judge on how your charges unjustly enrich you, not would you have to pay back all the monies charged for replacement value, very likely since judges hate these type of charges, the judge will award double the amount with held, plus you better hope you never go in front of the that judge, again, yes judges can be basis, and make you life miserable every time you set into their court room

Side note: do not forget if a tenant sues you, and the judge rules in the tenant favor this is a judgment against you, a civil victory record for all to see, esp. if you apply for any credit the judgment will appear even if you pay it that day

During the court when it’s not going your way, you do not get the option at that point to just write a check and no judgment, the judge will issue the order and it will become part of your credit background for all to see