Security Deposit/Lease (by HC [SC]) Jul 25, 2013 1:42 PM
Security Deposit/Lease (by FabricGal [CA]) Jul 25, 2013 2:40 PM
Security Deposit/Lease (by CTLL [CT]) Jul 25, 2013 3:28 PM
Security Deposit/Lease (by HC [SC]) Jul 25, 2013 5:13 PM
Security Deposit/Lease (by V [OH]) Jul 26, 2013 6:16 AM
Security Deposit/Lease (by HC [SC]) Posted on: Jul 25, 2013 1:42 PM Message:
State Specific Question About: SOUTH CAROLINA (SC)
Pre-move in information: Carpets were cleaned, deodorized etc. and in top shape for individuals to move in.
Lease states, "Surrender of premises: Upon the expiration of the term hereof, tenant shall surrender the premises in as good a state and condition as they were at the commecement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. Tenant agrees to have carpets cleaned at the expiration of lease or at the end of moving out of premise (returning to state it was when moving in- carpets were leaned)."
I spoke w/ tenant, who indicated they arranged to have the carpets cleaned two days before I would arrive to check on the property. When I arrived in the property, it completely reaked of animals (they paid a non-refundable pet fee for the privilege of keeping a pet on the property- not for any animal damage) and was rather nauseating. There are some random stains on the carpet etc. However, I found about 2" of a "powder" substance in carpets and realized there's NO WAY the carpets have been cleaned. At this point, I went out and rented a machine, got items to clean, dedorize etc. Upon starting use of the machine, the water revealed there is no possible way the tenants followed the lease and had the carpets cleaned. The water is foul, a very dark brown/almost black, there were clumps of "powder" and I have what appears to be a rather large animal of dirty, disgusting matted hair.
What is my recourse as far as the security deposit? I've spent five hours cleaning these carpets multiple times, spent money on cleaning supplies for the machines and for deodorizing the home. Is there a way to "determine" the fee for putting in hours cleaning to deduct from their security deposit since they did not adhere to the lease term for cleaning carpets at the expiration? Thanks so much.
--98.235.xxx.xx |
Security Deposit/Lease (by FabricGal [CA]) Posted on: Jul 25, 2013 2:40 PM Message:
Did you take before and after pictures-esp of all the powder and the filthy water you got from the process? I'm guessing/hoping you kept the receipts for cleaning supplies, etc.
The way I understand it is that lot of states will not let you deduct your personal time to clean the place to make ready for the next tenants, and other states will (but I could be wrong). You'll have to determine if you live in a state where this is permitted, and then find the "going rate" for your time. I've read that $20/hr is the going rate in some places, but cannot verify my source.
Did you inform the tenants that the carpet had not been cleaned? What did they say?
Here is something I have in my Info about the Security Deposit, regarding carpeting:
"The carpet in the bedroom is brand new and clean. Upon termination of the Lease Agreement, Tenant has the option of hiring Landlord-recommended carpet cleaning company, verifying that the carpet has been steam cleaned by producing the receipt, and if all stains, damages, smells, etc have been removed from the carpet, the cost of carpet cleaning will NOT be deducted from the Security Deposit if the Tenant has contracted with Landlord-recommended company, and paid for the service himself.
Recommended companies are: (two companies listed here)
Any other carpet company you wish to use MUST be approved first by Landlord/Owner or this section will be void."
Additionally, part of my lease agreement states:
"Upon termination of the Lease Agreement, Tenant has the option of hiring a Landlord-recommended carpet cleaning company, verifying that the carpet has been steam cleaned and sanitized by producing the receipt (noted as PAID IN FULL) to the Landlord for verification within 5 days of moving out. If all stains, damages, smells, etc have been removed from the carpet, the cost of carpet cleaning and sanitizing, paid for by the Tenant immediately prior to vacating, will NOT be deducted from the Security Deposit if the Tenant has contracted with an owner-recommended company, and paid for the service himself, with above proof, which shall be verified by the Landlord." Yeah, it might be overkill, but ya never know.
--68.8.xxx.xxx |
Security Deposit/Lease (by CTLL [CT]) Posted on: Jul 25, 2013 3:28 PM Message:
We learn as we go along. I no longer have tenants responsible to clean the carpets. There were always problems - they either rented a rug doctor and saturated the rugs, or hired a cheap cleaning outfit and my rugs were damaged in cleaning or not left in clean condition.
My lease now reads that the landlord will deduct from the security deposit the charges for professional rug cleaning after the tenants vacate as the rugs were professionally cleaned prior to move in and must be professionally cleaned when they move out. (tenants receive a copy of the invoice with the sec.dep. accounting)
I also never allow pets ever since finding a flea laden apartment when I first became a landlord - back in 1985. --68.229.xx.xxx |
Security Deposit/Lease (by HC [SC]) Posted on: Jul 25, 2013 5:13 PM Message:
Everything I've read is that SC really seems to have vague descriptions. I've found this: "If the tenant violates the terms of the lease, or fails to maintain the rental unit, the landlord may recover actual damages and obtain other legal relief, when appropriate.
The landlord also may recover attorney's fees if the tenant's violation of the lease is willful or if the failure to pay rent is in bad faith." "At the end of the lease, the landlord may apply property or money held as a security deposit to the payment of rent which is due, and to damages to the premises. Any deduction from the security deposit must be itemized by the landlord and mailed to the tenant at an address provided by the tenant"
I spoke w/ Stanley Steemer and they wanted $228. I would have paid it but they unfortunately had no appointments until 7/31 and I have new tenants moving in that day.
Ultimately I don't see anything about not allowing you to deduct for your time (I'm beyond sleep deprived at this point) and I don't want to be unfair but they definitely didn't abide by the lease in several ways. I do have lots of photos-every step of the way! --70.215.xx.xx |
Security Deposit/Lease (by V [OH]) Posted on: Jul 26, 2013 6:16 AM Message:
The basics apply here, match the condition of the move-in photos at the tenants cost, pre-move inspection might help you enforce in person when you ignore 60-90 day inspections butyou must realize it only takes a weekend party to break storm doors, windows, refrig drawers, tub surrounds, cabinet doors and many other things besides lawn parking so check on them to give you peace of mind and charge the repairs to damage with next rent cycle - there is no reward for sitting on your hands and hoping the deposit will get everything fixed. --75.94.xxx.xxx |
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