I own a 4-plex in Tennessee. (it is an historic building built in 1915 that consists of 4 one bedroom apts. 2 up and 2 down). So earlier this week a tenant downstairs informed me his ceiling leaks when the tenant above him takes a shower. We went upstairs to look, and sure enough, the floor and wall around the shower was all damaged and rotted from the tenant not using a shower curtain properly and letting the water go everywhere and not cleaning it up.
So we had a contractor out yesterday to check out the damage and give us an estimate. He has done a lot of work for my boyfriend on his rental property, and some for me, so I do trust the guy. Unfortunately he remarked in front of the tenant that he believed this was normal wear.
I am adamant that this is damage caused by intentional neglect and possibly willful destruction. Of course, the Tenant thinks he is now totally absolved of any responsibility for the situation and has already started demanding his full deposit back(Eventhough he has yet to pack and move out). Meanwhile I am going to have to rip out most of the bathroom to replace the rotten floor. It just makes me mad :mad:
I bought the house in August 2005, so I don't have any "before" pictures of the apartment. The tenant has lived there over 2 years.
Really, I just want some sympathy here. I mean how could a rotten floor ever be normal wear? Honestly, I will just be glad to get him out cause he has been a problem tenant.:D He has been green with jealously cause I totally remodeled the other two apartments, but how could I remodel his while he was STILL living there? We served eviction papers and I told him the bathroom would be ripped out on February 8th regardless if he lived there or not, to try to influence him to hurry and get out. I mean, who wants to live in an apartment where the whole dang bathroom could fall in? :confused:

My opinion he would have seen the damage at the worst and should have told you about it before it became this bad. So he is at fault

I would deny any deposit back at all, I would talk to the construction person again and see if he was not speaking wrongly and maybe calling in two more constution people to give their ideas also. Use the opinion for court that fits your case best is you have to go to court.

BUT never never give deposit back till he is fully out , if you do give it back