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118fearless · Jul 1, 2013, 04:47 AM

It is stated in the contract prior to the leasing of my property that they must leave the property in the condition to when they first moved in. I.e. re-painting, fixing cracks that developed during the leasing etc.

The contract is soon to end, (in 2weeks) and I have already given my 2nd notice to my tenants politely, asking them that they must leave the property in the condition when they first rented it. Even though they replied that they will get it done before they leave. I have a bad feeling that they wouldn't.

What can I do if they decide to leave the building in a condition that's not fit for leasing? Like the walls are cracked, paints have faded, wallpapers have been torn etc.

N0help4u · Jul 1, 2013, 05:05 AM

You do not give them their security deposit back. Take pictures of the messes and take them to court for the difference.

smoothy · Jul 1, 2013, 05:05 AM

First document all the damage well.. Make sure photos are taken. Repairs would come out of their security deposit.. and you could try to sue them for any amount in excess of that.

Paint fading isn't a Tenant responsibility, that falls under normal wear and tear... as you would have to repaint before new tenants would occupy it anyway.

Where exactly is this property located. (country and state).

ScottGem · Jul 1, 2013, 05:11 AM

Agreed that is why you have a security deposit. You use the security deposit to return the property to move in condition. You then send the former tenants an accounting of how the security was used (with any balance) within the time frame proscribed by local law.

You will need to be able to document the expenses if they file suit.

118fearless · Jul 1, 2013, 06:04 AM

Originally Posted by smoothy

First document all the damage well.. Make sure photos are taken. Repairs would come out of their security deposit..and you could try to sue them for any ammount in excess of that.

Paint fading isn't a Tenant responsibility, that falls under normal wear and tear....as you would have to repaint before new tenants would occupy it anyway.

Where exactly is this property located. (country and state).

Hi, I understand paint fading isn't a tenants responsibility. That's why we deliberately requested it in the contract.

busymomma2013 · Jul 1, 2013, 10:19 AM

I would have never agreed to be your tenant if it stated in the contract that if the paint faded or the walls cracked it would be my responsibility to fix it.

But if in deed that was state din the contract an dthe contract has been signed by the tenants and yourself, take pictures and keep the deposit.

JudyKayTee · Jul 2, 2013, 08:28 AM

The legal answer is - and I work in the legal field, I own rental properties - you can put anything you want in a lease, the tenant and owner can sign it BUT you cannot change legal rights and/or the law.

Fading paint is NOT the responsibility of the tenant, whether it's addressed.

No Judge will entertain that claim.

Torn wallpaper, holes in walls, damage caused (and that's the operative word, caused), yes, those are tenant's responsibilities.

Fading paint? No way.

This is similar to people who have guests who use their trampoline sign a statement that the owner of the trampoline is not responsible for injuries/damages. You cannot sign away your legal rights, even if you want to.

LisaB4657 · Jul 2, 2013, 08:11 PM

Originally Posted by JudyKayTee

The legal answer is - and I work in the legal field, I own rental properties - you can put anything you want in a lease, the tenant and owner can sign it BUT you cannot change legal rights and/or the law.

Fading paint is NOT the responsibility of the tenant, whether or not it's addressed.

No Judge will entertain that claim.

Torn wallpaper, holes in walls, damage caused (and that's the operative word, caused), yes, those are tenant's responsibilities.

Fading paint? No way.

This is similar to people who have guests who use their trampoline sign a statement that the owner of the trampoline is not responsible for injuries/damages. You cannot sign away your legal rights, even if you want to.

JudyKayTee, in NJ you can most definitely charge a tenant for repainting the premises after they move out no matter how long they lived there. I know this for a fact because every one of my client's 20,000 apartment leases contained this clause and it was never denied by a judge in any security deposit return case I handled. The clause stated that the tenant would be responsible for a repainting fee upon moving out.

N0help4u · Jul 2, 2013, 08:34 PM

Originally Posted by LisaB4657

JudyKayTee, in NJ you can most definitely charge a tenant for repainting the premises after they move out no matter how long they lived there. I know this for a fact because every one of my client's 20,000 apartment leases contained this clause and it was never denied by a judge in any security deposit return case I handled. The clause stated that the tenant would be responsible for a repainting fee upon moving out.

You are answering for NEW JERSEY law or the fact that YOU put it in the clause? I guess we need to find out OP's state?

LisaB4657 · Jul 2, 2013, 08:39 PM

Originally Posted by N0help4u

You are answering for NEW JERSEY law or the fact that YOU put it in the clause? As Judy said "IF you put it in the lease'

I'm answering for NJ law AND stating that it can be put in a lease even if state law says that a tenant is not responsible for faded paint. A landlord and tenant can agree to terms that do not conform to state law as long as the agreement is not unconscionable.

And I did not put it in the lease. My clients did. It was my responsibility to advise them if it was legal and if it would hold up if challenged in court. It was legal and it was held up.

AK lawyer · Jul 3, 2013, 06:32 AM

The way it works just about everywhere, is that terms of a lease control unless they are specifically prohibited by statute.

Thus, if the lease provides that tenant will paint at the end of the lease, tenant will paint.

JudyKayTee · Jul 3, 2013, 06:53 AM

And I lost in NY because the Judge found that repainting at the end of a one year lease with no damage (other than the paint was a year older) was an unreasonable and unenforceable clause in the lease.

Washing walls is probably something else because I do have a clause about cleaning carpets and that was enforced.

I took painting out of my lease.

Again - different State. Also not the first decision I've seen that I didn't understand.

LisaB4657 · Jul 3, 2013, 07:04 AM

Judy, that's a perfect example of two things:

(1) That a judge will decide what they want to decide regardless of the law; and
(2) If possible, always settle a case before trial because you never know what a judge or jury will do.

JudyKayTee · Jul 3, 2013, 07:55 AM

Lisa, you summed it up very clearly.

That should be a rubber stamp. Can you rubber stamp a computer screen?

Always appreciate your advice.

N0help4u · Jul 3, 2013, 08:04 AM

Ep too often any more judges go with what they feel. If the defaced the walls, scuffed th up, etc they should be responsible for painting. In my state the law is landlord changes carpets every 5 years, but I don't know any landlord that doesn't tell the tenant that they have to because of wear and teat