WoodlandsPerson
Oct 28, 2009, 10:32 PM
As I mentioned under another thread regarding my condo being uninhabitable due to roach infestation, I own a small condo in Texas and my tenant of 17 months vacated at the end of September. During the walk-thru, I was surprised to learn she had removed/discarded my nice brass dining room light fixture, along with the gold-toned light fixtures in the entry, the hallway, the kitchen and bathroom and she replaced them with brushed-silver-tone fixtures - also very nice. She had also removed/discarded my Traditional gold-framed bathroom mirror and brass shower-curtain rod, replacing them with silver-tone fixtures and a more expensive but Modern-design framed mirror. She had repainted the entire condo in a flat paint (and not washable), using various colors throughout (dark green, chocolate brown, pale blue, and a sort of very pale pink/white color). The property had been freshly painted a washable, semi-gloss cream color just weeks before she signed the 12-month lease. The lease agreement specifically states that “Tenant shall make no alterations to the improvements on the Premises without prior written consent of landlord.” During the walk-thru she said she would repaint back to a neutral color but, instead of an even coat of the same cream semi-glass it had been, she sort of slapped a quick thin coat of the very pale pink/white flat paint over the dark colors, producing great splotchy areas and not bothering to repaint at all over the dark green she had applied around and behind the stove and refrigerator and above the kitchen cabinets.
In addition to the Move-In Inventory/Condition form she signed, indicating everything was in good or new condition, I have extensive photo documentation of the paint mess as well as the filthy roach residue left throughout the kitchen and I have notified her that I am retaining the full $400 deposit ($300 security deposit and $100 pet deposit) to cover repainting and cleaning above normal wear and tear. I advised her that I considered the painting and replacement of the light fixtures, etc, without my written consent, a breach and a violation of the lease. (I DID give her written consent to replace the combo ceiling fan/light fixture in the bedroom since mine was old and out of balance and I reimbursed her for the fan... but that was the only consent I gave for alterations of any kind.)
She assured me while scheduling the walk-thru that she was "leaving it in tip-top shape," so I'm expecting her to protest and possibly try to take action (although when she sees my graphic photo documentation of roaches and botched paint job, I hope she will back off). I charged $115.25 for pest control, $219.88 for repainting, and $65 for cleaning, totalling $400.13 to her deposits. In my letter accounting for the deposit, I stated that I had lost rental income due to the infestation and that the cost to return and install the replaced fixtures was difficult to calculate and further delay getting the property back on the market, so if she agreeable to my retaining the $400, I would consider it sufficient and would make no further claims.
My question: If she does pursue any kind of legal action, does it sound like I'm on solid ground with this? I know this is long, but this is the first time I have retained a security deposit for damages and I'm really nervous about missteps. Thanks for your help.
In addition to the Move-In Inventory/Condition form she signed, indicating everything was in good or new condition, I have extensive photo documentation of the paint mess as well as the filthy roach residue left throughout the kitchen and I have notified her that I am retaining the full $400 deposit ($300 security deposit and $100 pet deposit) to cover repainting and cleaning above normal wear and tear. I advised her that I considered the painting and replacement of the light fixtures, etc, without my written consent, a breach and a violation of the lease. (I DID give her written consent to replace the combo ceiling fan/light fixture in the bedroom since mine was old and out of balance and I reimbursed her for the fan... but that was the only consent I gave for alterations of any kind.)
She assured me while scheduling the walk-thru that she was "leaving it in tip-top shape," so I'm expecting her to protest and possibly try to take action (although when she sees my graphic photo documentation of roaches and botched paint job, I hope she will back off). I charged $115.25 for pest control, $219.88 for repainting, and $65 for cleaning, totalling $400.13 to her deposits. In my letter accounting for the deposit, I stated that I had lost rental income due to the infestation and that the cost to return and install the replaced fixtures was difficult to calculate and further delay getting the property back on the market, so if she agreeable to my retaining the $400, I would consider it sufficient and would make no further claims.
My question: If she does pursue any kind of legal action, does it sound like I'm on solid ground with this? I know this is long, but this is the first time I have retained a security deposit for damages and I'm really nervous about missteps. Thanks for your help.