These are not things you would normally charge if a tenant moves and you prepare the property for a new resident. The inspection report below refers to worn carpet, stained carpet and that it may need to be replaced. In this situation, we would then compare the movement on the carpet photos, taking into account the age of the carpet (cushioning). NARPM refers to a typical “lifespan” of a carpet of six years. Let`s say it`s a 4 year old carpet that was in good condition when we moved in. During a move (12-month lease), the carpet is ruined. We cannot charge a tenant the cost of replacing it with a new carpet, we could only defend a fee of 1/6 of the cost of the new carpet (the carpet is 5 years old when the tenant leaves, so there should have been 1 year of life in the carpet). Depreciation would also apply to equipment. When you and your residents sign a lease, you agree that there is normal wear and tear occurring in your income property. It`s planned and it`s something that would happen no matter who lives there.
It comes with life in a property. “A landlord cannot withhold a deposit to cover normal wear and tear resulting from the tenant`s use of the property for its intended purpose.” The Tenant-Landlord Law in Georgia is not always final with respect to what counts as “normal wear and tear” and “damage caused by tenants.” The law allows landlords to deduct a portion of the deposit to cover the cost of damage caused by a tenant. However, homeowners cannot deduct to repair normal wear and tear or normal depreciation of a property. Platinum Property Management manages homes in the Atlanta area and several counties. Each district administers its own court of first instance. Each court of first instance is presided over by several judges, and there is no way of knowing which judge will be present at the session and what his opinion will be on normal wear and tear. As Atlanta Property Management Company, we rely on our experience with the courts and the decisions of those judges to determine “normal wear and tear.” If you need help determining how best to protect your income property from tenant damage, please contact us at Clients 1st Property Management. We can help you repair wear and tear and identify damage to your rental home in Woodstock. If you withhold money from the deposit to pay for these things, document how much you spend and why.
You must provide your tenant with a detailed list. Depending on the size of your apartment complex, you could. Under Georgian law, there is a separate standard for landlords who own more than ten rental units or employ an administrative agent (regardless of the number of units owned) and landlords who own fewer than ten units. Landlords who own ten or more units or who employ an administrative officer are required to conduct a move-in inspection and must then provide the tenant with a list of any damage to the premises before charging a security deposit. If your landlord falls into this category but has not provided you with a move-in inspection sheet, they will not be able to withhold your deposit at the end of the lease. If your landlord has followed this procedure, they can withhold your security deposit, ask you to pay additional damages not covered by the cost of the security deposit, and sue you for an additional amount if you refuse to pay. Landlords who own fewer than ten units and manage their own units are not required to follow inspection procedures. If your landlord falls into this category, they only have to tell you if they want to withhold your deposit and if you owe an additional amount for damages.
They also have the right to sue you for this extra amount if you refuse to pay. You have five business days from the end of your lease to indicate in writing the items for which you believe you should not have been charged, or to dispute the amount charged for a particular item. If these costs are only incurred for normal wear and tear, the owner will not be able to withhold your deposit. Normal wear and tear applies to minor damage caused by the intended use of the apartment by the tenant, his family and guests. If the premises or their furniture are damaged in any other way, the owner may charge you for this damage. For example, pencil markers may not fall into this category. This applies even if the damaged item is old. However, the age of the item or device must be included in the amount of damage. The amount charged per item must reflect the age and/or quality of that item as it was at the time of your move-in.
If an older carpet is damaged (as in your case), you should not be charged for the cost of the new replacement carpet, but a reasonable amount for the actual damage that can be quantified. To confirm if any fees are reasonable, you can check with reliable sources in the floor repair industry and get estimates from them to compare them to the amount charged by your landlord. Just be aware that you will likely have to pay these costs if you, your household members, or your guests have actually damaged the carpet. If your landlord refuses to repay your security deposit, you can claim the wrongly withheld portion of your security deposit, interest on that portion of the deposit, attorneys` fees, and attorneys` fees from the magistrate, state, or high court in which your landlord (or his or her registered agent, if applicable) is resident. This means you can`t spend your tenant`s deposit on upgrades and updates you`re responsible for. If the tenant has not caused any damage to your property beyond normal wear and tear during a rental, you must refund the entire deposit. Property damage can be caused intentionally by your tenant, but most often it is accidental. This clearly goes beyond wear and tear, and to use your deposit to pay for it, you need to be able to document that the property didn`t look like it did when the tenant moved in. That`s why move-in inspection reports are so important. As the owner of a rental property, whether it is one or more units, regular inspections are an important part of the process. Permanent inspections help avoid “surprises” during the move.
Platinum Property Management conducts four inspections over a one-year period. Detailed report with photos when moving in, two visit inspections (about 4th and 8th month) and a final acceptance in the anniversary month or sliding inspection. If there are any issues that need to be resolved, we will determine if they are tenant-caused damage, i.e. lease breaks, or if preventive maintenance can be suggested. I am moving from my apartment and I just received a sliding inspection sheet with the following detailed costs: carpet – $75, cleaning – $75, blinds – $105, pencil marks – $50, damaged bathtub – $50. The bathtub is not damaged. The carpet is old (5 years). The apartment is clean. I thought these items would be considered normal wear and tear. Do I still have to pay? Georgian law defines wear and tear quite broadly and says: repairs required due to property damage are another matter. While you can`t charge a deposit for normal wear and tear, you can use the tenant`s funds to pay for damages resulting from abuse or neglect. Inspection reports note the smell of pets, cleanliness, smoke odors, pets in the house, etc.
We believe that property inspections are crucial to protect your investment and maximize your profits. The problem is, if you manage your rental property yourself, how do you find the time to make one, how should you deal with it when your property is occupied, and what do you do if your tenant refuses to let you in? Self-managed landlords may consider using a third party to conduct inspections. The problem, of course, is that the definition of wear and tear is often subjective. How do you know when to look at a general deterioration and when it becomes damage? For more information on owner resources and services, click here or call 678-710-8056. Atlanta homeowners should expect to budget $1,000.00 to $2,000.00 per year for preventative maintenance of their rental home. Most homeowners take care of the maintenance of their personal home; It is a matter of pride for most of us. We know that it doesn`t take long for small problems to turn into big, expensive problems. Also add these routine maintenance items for your rental home. A good pet policy will protect your property from the possible damage that pets can cause. If you have collected a pet fee or pet deposit, this money should be used to pay for the extra cleaning needed to eliminate persistent pet odors.
If the damage to the animal exceeds the amount you collected, you can charge the deposit.