Security Deposit (by Donna [VA]) Mar 6, 2015 9:15 AM
Security Deposit (by Moshe [CA]) Mar 6, 2015 9:40 AM
Security Deposit (by Donna [VA]) Mar 6, 2015 9:48 AM
Security Deposit (by Cee [CA]) Mar 6, 2015 9:58 AM
Security Deposit (by Donna [VA]) Mar 6, 2015 10:06 AM
Security Deposit (by WMH [NC]) Mar 6, 2015 10:19 AM
Security Deposit (by Donna [VA]) Mar 6, 2015 10:36 AM
Security Deposit (by WMH [NC]) Mar 6, 2015 10:46 AM
Security Deposit (by Donna [VA]) Mar 6, 2015 10:48 AM
Security Deposit (by Dan [MA]) Mar 6, 2015 11:20 AM
Security Deposit (by Vee [OH]) Mar 6, 2015 11:40 AM
Security Deposit (by Donna [VA]) Mar 6, 2015 1:10 PM
Security Deposit (by WMH [NC]) Mar 6, 2015 4:22 PM
Security Deposit (by Donna [VA]) Mar 10, 2015 5:08 AM
Security Deposit (by Donna [VA]) Posted on: Mar 6, 2015 9:15 AM Message:
State Specific Question About: VIRGINIA (VA)
My tenant just vacated my rental property. After the tenant left, I discovered water damage on the wall behind the washer as well as the floor under the Washer. Someone (the tenant ?) had placed a board over the area to stabilize the floor. Likewise, the washer was not the original washer which was in the house when the tenant moved in (although I do not have pictures or documentation to prove what was in the house BEFORE the tenant moved in). The tenant never notified me of the leak or damage. The lease provided the washer/dryer in "As Is" condition. Is the damage/repair something that I can withhold from the Security Deposit??
In addition to the above, the lease stated that the tenant was to fill the propane tank to 30% upon departure. The tenant did not do so and left the tank empty. The tenant then stated (the day after he had vacated the property) that the gauge on the tank was not working. I had the gas company come out to inspect the tank, gauge, etc. as well as add 30% propane to the tank. They did not find anything wrong. Can I withhold the amount that I was charged for adding 30% (300 gallons) propane to the tank from the security deposit? --151.200.xxx.xx |
Security Deposit (by Moshe [CA]) Posted on: Mar 6, 2015 9:40 AM Message:
"The lease provided the washer/dryer in "As Is" condition. Is the damage/repair something that I can withhold from the Security Deposit?"
NO. You seem to feel that the lease binds the tenant only, when in fact, it binds both parties to the agreement.
The washer/dryer were provided in "as is" condition. So you agreed that the tenant has no responsibility for maintaining it, or even advising you of a change in condition.
Don't be so greedy. Think about your responsibilities rather than what you can squeeze out of the tenant.
--96.229.xx.x |
Security Deposit (by Donna [VA]) Posted on: Mar 6, 2015 9:48 AM Message:
Not trying to be greedy...Just trying to understand the law. If I wanted to be greedy, I wouldn't be on this forum asking the question....Thank you for your response. --151.200.xxx.xx |
Security Deposit (by Cee [CA]) Posted on: Mar 6, 2015 9:58 AM Message:
Quick Draw McMoshe seems to have misunderstood the OP's question.
She was asking if she could withhold funds from the security deposit for the repair of the water damage on the back wall as well as the floor under the washer.
Under what circumstances could she NOT have those areas repaired and take the funds for repair from the security deposit?
Tenant caused damage -- tenant never notified LL for repair or a chance to mitigate further damage -- tenant pays. --76.14.xx.xx |
Security Deposit (by Donna [VA]) Posted on: Mar 6, 2015 10:06 AM Message:
Thank you Cee....
What are your thoughts regarding the 2nd question (propane).... --151.200.xxx.xx |
Security Deposit (by WMH [NC]) Posted on: Mar 6, 2015 10:19 AM Message:
Propane would seem to me to be like a water bill or an electric bill. He was supposed to pay it, and didn't. Is he saying he DID and the meter was faulty? Then he needs to provide receipts.
You can't deduct for the washer but the damage UNDER the washer - he should have notified you of that.
It seems likely the original washer broke/leaked, he simply put a board down and replaced the washer with another.
But are you sure it was not like that before? --173.22.xx.xx |
Security Deposit (by Donna [VA]) Posted on: Mar 6, 2015 10:36 AM Message:
Thanks WMH...The tank was 30% full when he moved in, so, I had put wording into the lease that stated that he had to fill the propane tank to 30% upon departure....
He just stated (the day after he had moved out) that the gauge was broken. He did not state that he had put any propane in the tank. The tank was actually empty. Likewise, I had asked him for final-paid receipts for all utilities (as part of the lease) and the only receipt provided was for electric.
Regarding the washer.....The damage (under the washer and along the wall) wasn't there before he moved in...The original washer was a washer/dryer set (same color) The existing washer is a different color and model from what was in the house when the tenant moved in, so, I assume that he replaced the washer. --151.200.xxx.xx |
Security Deposit (by WMH [NC]) Posted on: Mar 6, 2015 10:46 AM Message:
You know, that's actually a sticky one. The WASHER was provided as is and he was responsible for IT, but YOU provided the original washer and it could be argued that when it failed, the damage caused was your fault because you installed it in the first place?
He replaced the washer, but whether he is responsible for the damage caused by your machine - I think he is not? --173.22.xx.xx |
Security Deposit (by Donna [VA]) Posted on: Mar 6, 2015 10:48 AM Message:
Thank you WMH....I appreciate your insight/input.... --151.200.xxx.xx |
Security Deposit (by Dan [MA]) Posted on: Mar 6, 2015 11:20 AM Message:
I was thinking the same thing. The washer you provided could've very well caused the damage you speak of through no negligence of the tenant at all. In fact the washer you supplied probably broke and the tenant provided you with a replacement that they had no obligation to do. --64.197.xx.xx |
Security Deposit (by Vee [OH]) Posted on: Mar 6, 2015 11:40 AM Message:
Movein appliance photos will not be as accurate as recording the make/model/serial numbers of anything inside. --75.94.xxx.xxx |
Security Deposit (by Donna [VA]) Posted on: Mar 6, 2015 1:10 PM Message:
Thanks Dan...Thanks Vee --151.200.xxx.xx |
Security Deposit (by WMH [NC]) Posted on: Mar 6, 2015 4:22 PM Message:
I've added an addendum to our lease listing the appliances and incidentals that are there: makes, models, S/Ns. How many smoke detectors and when installed. How many fire extinguishers, ditto.
I also use this form to spell out things like: "If there's an icemaker it is not supported by the LL." and that Tenant is not allowed to wrap stove pans with tinfoil (fire hazard) and other small details. --173.22.xx.xx |
Security Deposit (by Donna [VA]) Posted on: Mar 10, 2015 5:08 AM Message:
Thanks WMH...Very helpful info..... --141.156.xx.xx |
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