When to Advise tenant you may withhold some of deposit for "accidents"?

ronan45

When should one point out to a tenant that you "may" be with-holding some of their deposit?
Do you tell them when they are moving on or immediatly when you see the damage? I have pointed out the damage caused by the tennant and humoursly mentioned the deposit "being gone" but he also joked it off saying "Sure ya cant take accidents from a deposit lol"

Got a new kitchen fitted last year spent a bomb on it. Despite me putting down no less than 3 marble Large rests for hot pots. Genius decides to put 2 boiling hot burnt pots on the only part of the counter with no Protection. He said the pots were hot so he kinda threw them on the counter without thinking as the water had boiled off in both. Fair enough accidents happen but this accident now has my new kitchen looking crap and gonna cost a fortune to put right. (they are a wood effect laminate worktop so its very noticable)
I have provided 2 large marble rests which are on both sides of the cooker and a third one at the far side just in case FOR this purpose
The side top is all blistered and cracking with scorch marks and looks bloody crap now. He will be there another few months and he aint the worst skin just careless i suspect. I dont want to live in a bad atmosphere with him having the hump over the deposit. Should I take the deposit over this accident or leave him be? What bugged me was his "ah sure its only slightly scorched ya wouldnt notice it that much throw something over it or paint it:rolleyes:"

the_syco

When he moves out, you check for damages, and when you see the damages, you tell him that his deposit will be used to repair the damages.

Gone Drinking

Im a tenant. When we moved into our apartment a few months ago, we noticed a small tear inbetween the seats on the couch. We didn't notice it till after we'd moved in.

Its gotten slightly worse. I know I should have said something when I first noticed it, but I didn't.

Does this mean it had to have been our fault and we're responsible for it?

ronan45

Gone Drinking wrote: »

Im a tenant. When we moved into our apartment a few months ago, we noticed a small tear inbetween the seats on the couch. We didn't notice it till after we'd moved in.

Its gotten slightly worse. I know I should have said something when I first noticed it, but I didn't.

Does this mean it had to have been our fault and we're responsible for it?

Well I wouldnt of thought so really, A tear along the seem between cushions would be more wear and tear and not just someone ripping it maliciously or being down right stupid if you ask me.
I would mention it next time you see the landlord as a by the way. You might want to get that upholstered it seems to be getting bigger. Its tearing along the seem a little each time someone sits down and puts pressure on that area. You could even offer to sew it up for him if you can In any event when your leaving he would want to be some man if he goes checking between seat covers on the couch looking for damage lol :cool:

djimi

Accidents happen but that doesnt mean that he isnt responsible for putting them right. That wasnt an accident btw; not an excusable one anyway.

You could give him the option of repairing the damage before he moves out, which would allow him to retain his deposit. Wont work out any better for him financially, but it will at least mean he will have his lump sum to give to his next landlord when he leaves.

ProudDUB

OP, you can with hold a deposit for 2 reasons. Non payment of rent, or for doing repairs/ and/or cleaning over and above what would be considered normal wear and tear to return the apt back to its original condition. Having to replace or repair a damaged kitchen counter top would probably not be considered normal wear and tear. So yes, you could withhold the deposit to pay for it. Whether or not the damage caused was intentional or accidental is irrelevant.

Don't put the onus on the tenant to fix this. God knows what a cack handed job he'd make of it if he can't even boil water. Get a quote from a trained professional for the repair work. When the tenant moves out tell him you are with holding that amount to repair the kitchen. Take before and after pictures of the damage. Keep your receipt. If he kicks up a fuss, so what, he doesn't live there any more. He knows he trashed your kitchen by his carelessness. Don't let him bluff and bluster his way out of being liable for the repairs. I certainly wouldn't be worried about him "getting the hump" especially as he does not seem to be remotely apologetic about what happened, or is offering to make it right out of his own pocket.

( PS I think that putting counter tops that can not take a hot pot being put on them, into the kitchen of a rental property was not a good idea in the first place. Putting in the marble pot rests was good, but every one finds them selves in a situation where they need to put a pot down in a hurry. Sooner or later, this is going to happen again, and you'll be back to square one again.)

Victor

Tell him now, preferably in writing, but realise it may damage your goodwill.

ProudDUB wrote: »

( PS I think that putting counter tops that can not take a hot pot being put on them, into the kitchen of a rental property was not a good idea in the first place. Putting in the marble pot rests was good, but every one finds them selves in a situation where they need to put a pot down in a hurry. Sooner or later, this is going to happen again, and you'll be back to square one again.)

I think there is a difference between dropping a hot pan on a plastic surface and leaving it there.

ProudDUB

The OP said that they are "wood effect laminate". Is that plastic? Whether they are plastic, or marble, or wood, or granite or formica, I still think that having kitchen counter tops that can not withstand heat for 5 seconds or 5 minutes, is a bad idea in a rental property. No renter is ever going to be as careful as an owner will be in taking religious care to never, ever put hot items down on them. They weren't the ones to have to put their hands in their pockets to pay for them.

dearg lady

ProudDUB wrote: »

The OP said that they are "wood effect laminate". Is that plastic? Whether they are plastic, or marble, or wood, or granite or formica, I still think that having kitchen counter tops that can not withstand heat for 5 seconds or 5 minutes, is a bad idea in a rental property. No renter is ever going to be as careful as an owner will be in taking religious care to never, ever put hot items down on them. They weren't the ones to have to put their hands in their pockets to pay for them.

OP lives there too though does he not? So he wants the house nice as he lives in it.

ProudDUB

That is certainly understandable, but it doesn't change the fact that he has someone living in it who is not as vested in keeping it ship shape as he will be.

dearg lady

oh absolutely! But he is also entitled to use part of the deposit to have it remedied

HerbSimpson

Is it not strange that a kitchen counter top gets damaged by a hot pot, not very practical. I wouldn't think twice about putting a hot pot or pan down on the counter, although technically damage is damage I suppose

sweetie

i presume you are a live in landlord so the rules might be slightly different?

peter_dublin

HerbSimpson wrote: »

Is it not strange that a kitchen counter top gets damaged by a hot pot, not very practical. I wouldn't think twice about putting a hot pot or pan down on the counter, although technically damage is damage I suppose

No it is not strange at all, unless the counter top is stone such as granite etc, any timber or formica (Glossy (Plastic) or Matt) counter top will be damaged by placing a hot pot on it.

Hot is also the wrong use of term here, I like my tea hot but it does not cause the top layer of a counter top to scorch or delaminte. It would seem more likely he took a pot directly from the cooker and placed it on the counter. 100% not wear and tear.

fasttalkerchat

If the surface in a suitably durable material then the damage is his fault and that is what the deposit is for. It would be unfair to tell him when he is about to leave because he will be planning to give the deposit on to the next landlord. I would tell him as soon as possible to give him the chance to put it right.

ronan45

My error lads i should have been more specific. He left 2 pots on the cooker without water, for about 15 minutes on high. The counter actually made popping sounds as the plastic melted. With the heat. He threw them onto the counter as they were so hot and left them there untill i walked in and hurridly shouted to remove them but by then was too late the pots were RED hot actually near glowing. Smoke the works. The side top is your standard Ply sidetop you see in most new houses.