How To Effectively Complete A Move Out Property Condition Report on your Colorado Springs Rental Property Part 3

WHAT SHOULD AND SHOULD NOT BE WITH HELD FROM A DEPOSIT

This can be a tricky subject but here is a list of things that should never be with held from a deposit.

1. Yard Rehabilitation-A tenant moves out and your wonderful green grass is now dead.  Unfortunately there are too many variables that put you at risk of a deposit dispute.  Colorado is a desert climate, vegetation does not grow without human intervention in many areas.  Yards are like anything else in your home.  They have a serviceable life and once that's exceeded you cannot collect money to repair or replace without risking litigation.  Make your yard as maintenance free as possible.  If a tenant does not complete a final mowing, trimming, weed pulling at time of move out this could be a legitimate charge.
2.  Anything that has exceeded it's serviceable life-  Carpet is good for 5 to 7 years, if you have gotten longer than that, consider yourself lucky but don't plan on charging the tenants if it's damaged at move out.  Even if you went to court and won the case the magistrate may very likely award you a pro rated amount based on it's serviceable life.  In this case it would be zero dollars since the carpet exceeded it's serviceable life.  
3. Anything that is not documented on the move in inspection- If you failed to document any part of the home and it's damaged now, chalk it up as a learning experience.  If you go to court you will lose. Refund the money, kick yourself in the pants, and do a more thorough job next time.
4. Anything that is not outlined as a cost in the lease packet-  If you have not made a detailed lists of costs for repairs it's very difficult to enforce.  Include this form in the lease packet at move in and have the tenants sign it.
5. Ordinary wear and tear- Per Colorado State Law, ordinary wear and tear is allowable by law and cannot be charged back to the tenants.  Flooring, paint, windows, etc.  Scuffs, nail holes, fraying carpet by thresholds, are all considered ordinary wear and tear.  

This obviously is not an all inclusive list and there are limited circumstances where some of these may not be applicable but use this as a rule of thumb on your next disposition.

Daniel Muldoon
Muldoon Associates, Inc.

How To Effectively Complete A Move Out Condition Report On Your Colorado Springs Rental Property Part 2

MOVE IN AND MOVE OUT INSPECTIONS

After you have completed all of your repairs and upgrades and you have approved a tenant for move in you you will need to complete a move in inspection.  This will be for your records so you can refer back to the condition of the home after the tenants vacate.  We currently use written reports and photos but we will be converting to video inspections in the near future.  I suggest you use the method that works best for you but make sure you are thorough and have some type of visual documentation (photos or video).  

You will need to test and document the condition of every light bulb, switch, socket, door, window, knob, blind, etc.  Don't forget anything!  Open drawers, inside of fridges, furnace and filter, EVERYTHING!  Once the lease has terminated and the tenant has turned over possession you will use the same process.  Now that you have the move out and move in inspections complete you need to go line by line and compare the condition.  Many of the items that need to be repaired or replaced will be normal upkeep items that the landlord is responsible for.  You need to decide what damages are beyond normal wear and tear, complete the work, and keep receipts for the deposit disposition.  

Your disposition will need to be written and delivered to the last known address of the tenant or a forwarding address if provided.  Make a copy of the stamped envelope and place it in the file in case you ever need proof it was completed and mailed.  Hopefully if you did everything according to the law the tenant will not dispute any of the damages and you are in the clear.  If the tenant does dispute the damages they must do so in writing requesting their deposit be returned because it was wrongfully with held.  The landlord has 7 days to return the deposit (right or wrong) or the precedence in Colorado is you are already wrongfully with holding a deposit.  At this time the tenant can litigate for 3 times the with held amount.  Based on my experience it's best to just refund the deposit except in extreme circumstances.  This will cost you less in the future and even though it can be a tough pill to swallow it's the right financial decision.  

You may have legitimately with held the items owed but this can only be proven by a magistrate or judge.  It could take you month's and thousands of dollars to "prove them wrong" or "prove your right" but that does not make sense in the scheme of things.  I have also heard but not experienced that some magistrates will not award any money that was not addressed at move in.  You should have a form that outlines how much each charge will be if the tenant does not take care of it at move out.  I.E. cleaning is 250 dollars, locks are 75 dollars, furnace filter is 25 dollars, and the list goes on for virtually everything in the home.  This should be given to and signed off by the tenants.  A rock solid lease packet, inspections, and disposition will help keep your return on investment high and your days in court short.  

Daniel Muldoon

Muldoon Associates, Inc.