Questions About Carpet Repair Service

Daniel Questions About Carpet Repair Service

Daniel asks…

No Repair Deductions For Rental Unit?

I have a duplex unit that I did $15,000 in repairs in 2010 and my tax person did not take the deduction on my tax;s. She said that it was too much money and the IRS would consider it remodeling. I have it up for sale & she said I can take it off the sale. How can that be if I will just break even on the sale as to what I paid for it or I may even have to take a loss because it has been sitting for two years with no lookers.
I have another $10,000 in repairs for 2011. I have never had this much in repairs, but I did have a Management Co. that got in two problems tenants and they never did an inspection over the 4 years they managed the property. I took it over last August & the B side especially was all tore up from the previous tenant. They ripped up the carpeting and the rest of the floors & did all sorts of alterations. When I took it over I got in a great tenant and he gave me a list of all the repairs he wanted done. I agreed because it was a mess and I did these repairs while he was living there. I have since done $10,000 in repair that were carried over in January while he was there. Now I find out I have a foundation problem on the A & B side and it also needs new siding that is rotted. That will be another $15,000 on top of my other $10,000.
(I know that property turned out to be a lemon–bought it 5 years ago with no inspection), That is beside the point. I am concerned about all this money going out and I can’t deducted it as repairs & I just can’t see how that can be applied to the sale for when I sale it at probably a loss. This is all out of pocket with no deductions. What do you do? Is my tax person right? She & her husband own their own tax service for over 50 years.
Does this mean you can’t count the roof as repairs either?

Girl4 Questions About Carpet Repair Service

admin answers:

Your tax person is dead wrong. Get a CPA and file an amended tax return for last year.

If you have the receipts and some pictures of the damaged premises you will be OK.

Fire your tax preparer and hire a tax professional….not someone that does taxes as a part time job and few months a year.

Susan Questions About Carpet Repair Service

Susan asks…

Landlord rights when renter trashes house?

I own a home and have been renting it out. The tenants recently vacated the property and I have some concerns about how it was left. They have lived there 3 years and moved into the house when it was brand new and never lived in.

In the 3 years they lived there, they basically trashed the house. I live in another city so all I had to go on was their word and the fact that I always got my rent from them on time, sometimes in advance.

They BROKE several agreements in the lease. My question is what can I legally do about it? Per the lease, there was to be no smoking in the house, they were to keep up the yard maintenance (otherwise I would have included yard service in rent), and they were to only have 1 animal in the house.

They smoked indoors, so much that the walls needed to be scrubbed down and prepped before a complete paint job. I’ve been told I can’t charge them for walls after 2 years. What if the damage is excessive? The walls smell like smoke, there is gunk and dirt even on the CEILING!

Next, the carpets are damaged nearly beyond repair. The urine from their 3 dogs (they broke the lease, we agreed to 1 only) is all over the house and got into the padding, as well as the smoke smell.

Last, the exterior looks horrible. They left dog crap and cigarette butts all over the back yard.

How far can I go with these people? What can I legally do? I have their first month’s rent and $500 pet deposit, but I really want to find a way to get them on the $1500 pain job and carpets.

Any advice?

I am in California if that makes a difference….
9 daughters, I agree that I don’t want to be an unreasonable, mean landlord. I certainly only want to recoup my cost of the damage. Had they not smoked in the house, much of this would have been let go. I don’t want the trouble, but I also feel that I shouldn’t have to pay for their damage. At best, I’m thinking that perhaps they just won’t be getting any of their deposit back. The house just stinks like pee and smoke and I am offended by their lack of respect for my house, since I have been a pretty easy going landlord up until this point.
Wow, some people can be a little on the harsh side with their responses. Thank you for all that have given me constructive feedback.

I did document and photograph all damages. I DID care enough to check in on the house, but I live 250 miles away. When I did stop in, much of the damages were not apparent and covered up with furniture and clutter. I smelled the smoke, but they swore up and down that they only smoked outside. I couldn’t really prove anything until seeing the damage once they moved out. And yes, I charged them a security deposit and an additional pet deposit.

Girl4 Questions About Carpet Repair Service

admin answers:

I am a landlord in CA and deal with this crap too.

You need to get receipts and sue them in small claims. You will win, most of this, the carpeting and paint. Do not plan on too much for the landscaping, but include that in the suit. Include every little detail, even what you know you will not get. The judge likes to deny you something, so give him something to make the stupid renter feel like they got somewhere.

The judge is most likely going to make you use a collection agency for a year, after that you can garnish wages.

Thomas Questions About Carpet Repair Service

Thomas asks…

Renter (Australia) needs to move out due to sewerage/flood damage-who pays for alternate accomm till repaired?

Hoping someone can provide advice (or educated opinion on what makes sense)-my friend returned to her apartment Sat, bdg mgr advised that her apt & 2 others had been damaged by backed up waste pipes. The blockage occurred in street, & backed up into first floor apts. Body corporate got carpet cleaners to come & tear up affected carpets & sanitise floors. My friend has had significant amt of carpet affected & removed, & has had to move as many belongings as she can into 2nd room, as the main is affected. She went to her renting agent to ask who’ll pay to remove & store her belongings so remaining carpet can be removed & new carpet laid, & who’ll pay for alternate accommodation until this is done. The agents said her contents insurance would pay. It only covers replacement of contents. She is legally blind & has had to take time off work to packup her apt in readiness to have new carpet put down. Should she have to pay for a serviced apartment & removals while repairs are done?

Girl4 Questions About Carpet Repair Service

admin answers:

If she goes to the trouble of a court case, she’d probably win. You pay rent for reasonable accommodations and if those accomodations are made unavailable through negligence or poor maintenance, then the rental agency should provide other, decent accommodations such as a hotel room or a vacant unit elsewhere on their premises, etc. Sadly, most landlords will spin the wheel and hope the tenant doesn’t have the money, time, will or information to demand their rights.

Put everything in writing, certified mail if needed so you have a record of it. Insurance is good, cause that company has lawyers to tear a small landlord to pieces if it comes down to which of those two entities has to pay out. Be prepared for some arguments and some squirming, just get everything in writing and make reasonable, patient demands. Then they have less wiggle room than if they can make a case that the tenant is trying to cash in and is just horribly unfair.

Helen Questions About Carpet Repair Service

Helen asks…

Can my landlord evict me & what can I do?

Hello, I recently moved into an apartment with my 2 dogs. At the time of renting I asked if it was okay to move in with my pets and my landlord said there was no problem what so ever. So I moved in and been here for about a month but there’s been problems with repairs and etc..Well today I got a call from my Landlord and from the get go I was being accused for things I did not do and just being treated like crap. First of all let me say the Landlord lives a couple of hours away so he has someone in the Apartment complex take care of matters for him (renting to people with his ok, repairs, and etc.). When he called he said I got the phone company to mess with the wiring and he said he did not like that at all but the truth is the phone company ONLY turned my phone on for service and I have the guys name and his # to prove that. Secondly, he said my dogs have been crapping all over the parking lot which is again NOT true because my pets are in all the time and when they go out I’m right behind them walking them. So in that phone call he said he is not going to do any repairs or anything until the dogs GO. My carpet needs to be changed as he promised and also holes in the wall (I have pictures to prove as well). He said nothing will be changed until I let my dogs go and I will NOT let go of my dogs.

Today searching through paper work I found the lease agreement and contract. It stated no where in the agreement that there we “No pets allowed”. It also stated that all repairs must be made by the landlord. Also, at the very bottom of that I have his signature in ink! My question to you is what can I do if he try to evict me? Also, my other question is what can I do about his people telling him false accusations and him coming back to giving me crap for it? I don’t appreciate being rude to and I absolutely do not appreciate him refusing to do repairs until my dogs leave when at first he said Dogs are fine and no where in the agreement does it say “No pets”! I live in Texas and was told if anything I could sue him for things but I’m not sure if this is true or not.

Girl4 Questions About Carpet Repair Service

admin answers:

If it isn’t in writing, it most likely won’t hold water in a courtroom. On your part and his.

In your lease, is there a pet clause? One that would require another deposit? If so, is there anything filled out in that section?

The repairs must be done, especially if the repairs are anything that affects your health and safety. If he tries to evict you, you will be served with a notice to vacate, There are certain things he can do if you refuse to leave, but YOU also have certain rights.

Http://www.oag.state.tx.us/consumer/tenants.shtml

Excellent site from the AG’s office. Keep a log of everything that happens, record your phone conversations if you can. There are certain things that you must do in order to get the repairs done if he refuses. You CANNOT refuse to pay rent. You can however, have the repairs done and deduct it from your rent IF you follow the guidelines for notifying him of the needed repairs.

Most importantly, keep YOUR ducks in a row.

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