Q: my former tenant states that he is not responsible for carpet cleaning after 3 years, chimney cleaning or broken fire
place starter or crack in back wall of fireplace.
A: If the damage done to the carpet, chimney, and fireplace is beyond normal wear and tear for a three year period, then your former tenant would be responsible for the cost of repair. If you are still within the 30 days of your tenant leaving the property, you can send them a letter with a list of the damages. The letter should indicate how much if any of the security deposit you are returning. If the security deposit does not cover the total cost of repair, the letter can also include an invoice for the remaining repairs. If your former tenant refuses to pay for the repairs, you can bring a lawsuit for the damages. Pictures (or a video taken during the final walk through) of the damage may be helpful. Of course, it is always best to consult with an attorney and provide all relevant documentation for their review.
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