Tenants versus landlord - who pays for what?

By
Real Estate Agent with Dominion Real Estate Partners, LLC, Scottsdale, AZ SA582226000

   There have been some great posts on here discussing the tenant/landlord relationship and responsibilities - who pays for what when there's damage.  I look forward to comments on the transaction I'm about to share. 

     Recently, some clients called me about problems they were having with their landlord from whom they had rented for a year while their home sold.  They asked my opinion as to who is responsible for paying for what.   

     The landlord is trying to withhold a substantial amount of money for "damages" done to the property - some real, some imagined, some exaggerated.  The "damages" range from hot glue on the carpet (obvious damage) to tape on the walls which pulled away the paint and some of the top coat of plaster (damage.) 

     One of the things the landlord is insisting the tenant pay is for the replacement of the filter in the ornamental fountain in the front yard due to lack of use - $850.  There is supposedly a minor scratch on one of the end tables for which the landlord wants $300 to have refinished.  There were barstools at the kitchen breakfast bar which the landlord states were ruined beyond repair and she wants recovered at the rate of $300/chair - 3 chairs.  It's just the bottom cushion which can easily be recovered with new fabric and a staple gun.  There is a cracked tile on the floor behind the front door which the landlord wants replaced at the rate of $250.   The grout in front of the oven and stove area is slightly dirtier than the rest of the grout in the kitchen because of cooking and will cost over $750 to clean.   

     The clients asked my opinion and I started with the caveat of this is only my opinion, but.......Then, the clients asked if I would put my comments in writing as they plan to go to court to get their money back.  This is where it got interesting.  As I was not party to their previous lease and had not SEEN the extent of the "damage", my "opinion" would be of no value to any one.  I advised him to contact his previous real estate agent - the one who put them into the furnished home - and discuss everything with him.   

     My advice when trying to determine who pays for what in a rental situation is to spell everything out at the time of the lease.  Is it a requirement for the tenant to run the fountain at their expense a minimum of once a week to keep it functioning?  Also, take pictures, pictures, and even more pictures - especially when renting a furnished home.  I don't know if the pictures would help determine who put the scratch in the table or who broke the floor tile in a very obscure area (not the actual photos but internet stock photos), but at least the judge would know due diligence was taken on everyone's part.

 

     Bottom line, work with an experienced real estate agent who will be there for you BEFORE AND AFTER your transaction. 

 

 

 

Posted by


 

 Scottsdale and Cave Creek Real Estate

 

Juli Vosmik

Dominion Real Estate Partners, LLC

480-710-0739


 

 

Helping you make informed decisions whether buying or selling homes in Scottsdale, Cave Creek and north Phoenix Arizona.  I know the area - I live here.


A portion of all sales is donated to the various animal rescue and humane societies.


AZ license SA582226000

 

 

 

 
close

This entry hasn't been re-blogged:

Re-Blogged By Re-Blogged At
Spam prevention

Accessibility option: listen to a question and answer it!

To submit the form,
drag the folder to the circle on the side.

Type below the answer to what you hear. Numbers or words, lowercase:

Topic:
ActiveRain Community
Location:
Arizona Maricopa County Scottsdale
Groups:
Active Rain Newbies
Arizona Real Estate
Horse Property Specialists
Moving to Arizona
Vacation and Second homes
Tags:
tenant versus landlord
what should a tenant expect to pay for when renting
what does the landlord need to pay when having tenants

Comments 6 New Comment

Anonymous
Post a Comment
Spam prevention

Accessibility option: listen to a question and answer it!

To submit the form,
drag the sunglasses to the circle on the side.

Type below the answer to what you hear. Numbers or words, lowercase:

Ambassador
1,438,218
Ed Silva
CDPE, GRI, ABR, Real Estate Agent
RE/MAX Professionals, CT 203-206-0754

Juli, the best thing to do is to approach the rental as one would a rental car. You need to go around the car with the rental agent pointing out any visible dings, etc. Likewise with the house go through it with the landlord and video it all, with the landlord's comments. As for the fountain filter, the landlord should have detailed that or take the water out of the fountain.

November 29, 2011 10:31 PM
Ambassador
1,157,847
Kathleen Daniels
San Jose Homes for Sale - Probate Specialist
KD Realty - 408.972.1822

Juli,  As you point out ... there is only one side of the equation here.  Asking you to provide expert witness when you were not a party to it is inappropriate, in my opinion. It will be a lesson for them, perhaps a costly one for not having hired an experienced agent who will be there for them before and after the transaction.

 

November 29, 2011 11:07 PM
Rainmaker
692,869
Juli Vosmik
Scottsdale/Cave Creek, AZ real estate 480-710-0739
Dominion Real Estate Partners, LLC, Scottsdale, AZ

Michelle, that's great information.  I had told my client that I didn't think the homeowner would get full value on used furniture and have told my client to have the landlord provide receipts from when she originally purchased the items.  I'll tell my client to check into Arizona laws on that.  He has an attorney on retainer for his other businesses who should easily be able to answer that one.  Thanks for the tip.

Ed, I so agree with you.  When I put him into his current rental, I did just that with over 150 photos including small bumps and bruises on the walls.  I then put it into a file folder and shared the contents with them and the listing agent as well as keeping a copy on my computer, as well. 

Kathleen, since I didn't actually see any of the items and only have his word, I was only able to give him my opinion, which ran along the lines of Michelle comments.  These items are used and I'm fairly sure the judge would only give current value to the items in question, not full, original resale value. 

November 30, 2011 10:03 AM
Rainer
61,007
Loren Green
Phoenix Home Inspector & Designer
Greens Home Design L.L.C.

Julie - At those prices I must be in the wrong business.  I know Leslie Dixon at Dixon Interiors.  I am sure she can get those chairs revovered significately cheaper than $300 each.  David Knapp at Oxi-fresh Carpet cleaning can clean that floor grout with his carpet machine for way less than $750.

This and your previous post about the mold behind the refrigerator has prompted me to create a specialized home inspection specifially for renters.  I can document the condition at move in and at move out.  That will eliminate the who done it from the argument.  Do you think it is a good idea?

November 30, 2011 06:09 PM
Ambassador
1,383,977
Jennifer Fivelsdal | Call 845-758-6842 Helping you achieve your real estate goals
In Dutchess Columbia and Ulster Counties
JFIVE Home Realty LLC | 845-758-6842|162 Deer Run Rd Red Hook NY 12571

Juli you are right everything must be worked out in the agreement.   My advice to renters these days is to video tape the apartment before moving in, I mean everything.

November 30, 2011 09:59 PM
Anonymous
Post a Comment
Spam prevention

Accessibility option: listen to a question and answer it!

To submit the form,
drag the cat to the circle on the side.

Type below the answer to what you hear. Numbers or words, lowercase:

Rainmaker
692,869

Juli Vosmik

Scottsdale/Cave Creek, AZ real estate 480-710-0739
Questions about your Scottsdale area real estate?
*
*
*
Spam prevention

Accessibility option: listen to a question and answer it!

To submit the form,
drag the world to the circle on the side.

Type below the answer to what you hear. Numbers or words, lowercase:

Mortgage Rates on Zillow
Contact Me
Interested in buying or selling your home? Drop me a quick email and I'll get right back to you.
Juli Vosmik
Call: 480-710-0739