I have a tenant that has been renting for 4 years and has caused some major and minor damage since she has been there.
I have kept records and rcpts. Can I deduct these from her security when she leaves?
For instance, I have had to call roto rooter 4 times to pull her synthetic weave hair out of the sewer drain! I have told her repeatedly in writing not to place any hair, especially synthetic, into toilets or drains, but yet large amounts of hair have been pulled out of the sewer drain again and again.
She has spilled food in the oven so badly that she has shorted out the igniter twice. I notified her in writing after the first time to not allow large amts of food to spill in the oven because it shorts out the igniter. I requested she put foil under the pans. Makes sense, I thought. But she still does it again.
I also received a fine from the city of $600 for improper recycling and failure to put lids on the cans. Recycling laws and days have been given to her on several occasions.
She broke the bedroom ceiling light fixture completely off the ceiling.
Can I take these repair costs and fines out of her security deposit????
You'll want to check with an attorney regarding this matter as what can and can't be taken out of the Security Deposit. Likewise, for the plumbing and other emergency repairs you may want to look into if NJ will allow you to bill the resident directly (adding to next month's rent after incident) for ancillary charges associated with her residency.
Here in CA the charges you've incurred can be passed on directly to the tenant and need not wait until vacancy occurs. Notice and proof is required so as previously stated, check with an attorney, local housing authority and/or courts to determine your rights and procedures.
My lease states that all charges become rent and is due and payable as such. That means damage charges, unpaid utilities, etc. Pretty much anything I send them a bill for that is left unpaid.