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Every Penny Counts to You and Your Tenant!

By
Services for Real Estate Pros with Homepointe

Every Penny counts to you and your tenant--deposit funds are no different.  When tenants prepare to vacate they are opting more and more for the tandem move out inspection prior to the actual final move out date.  The owner or agent must walk the property with the tenant at an agreed upon time and date to discuss the condition of the property and what remedies are required for a full deposit refund.  These tandem inspections may be scheduled during normal business hours unless the agent or owner opt to accommodate the tenant.  I try to keep it as simple as possible:  if it is dirty, clean it.  If you broke it, fix it.  If you brought it, take it.  Wear and tear items require some negotiation at times.  Once that tenant vacates you must document the condition of the property thoroughly to prove your case.  Tenants are taking a $30 or $50 gamble in filing small claims suits in the hopes it will pay off by the landlord being unprepared or unable to prove their case.  I have had two recent small claims cases where the judge was most interested in the pictures I had taken--even more so than the vendor invoices I brought detailing the work I called out.  Take pictures and make a copy of them for the judge ahead of time.  Always bring three packets of identical information with you to the hearing--one for you, one for the judge and one for your adversary.  Highlight specific terms, dates, names and amounts.  Keep all documents in chronological order.  The more evidence and better prepared you are the higher your chances are to prevail.

Note: agents and owners often must estimate charges on the deposit disposition to make sure the tenant receives a disposition of funds within 21 days of their move out.  If the actual charges are higher than what was estimated--make sure you counter sue the tenant if and when they take you to court over the other charges.  Being prepared will assist you in getting a judgment in your favor.

James Safonov

Homepointe Property Management

jsafonov@homepointe.com

www.homepointe.com

#916-781-7075 x650

Comments (1)

Tracy Lee Parker
RE/MAX DFW Associates - Royse City, TX
Buy*Sell*Rent

if it is dirty, clean it.  If you broke it, fix it.  If you brought it, take it.  Love this. Thanks for the picture tip too!

Aug 25, 2010 07:50 AM