Landlord Question and Answer Forum

Tenant in home for 24 months - today was last day of lease and tenant is demanding deposit be returned Monday. LA state law gives me 30 days. During the 24 months, she had a pet in the home on a "no pet" lease because my husband (who does all the repairs/upkeep) is highly allergic. She painted the kitchen without permission, changed the locks without permission, and was late on her payments at least 18 of the 24 months of which she never paid the late fee. We were also TOO kind in that we allowed her to used our furniure for a few months so she could get settled which turned into using it for the entire length of the lease (animal fur all over it now). Shame on us! Question - After hours of searching LA Codes, I am pretty sure I can deduct the cost of returning the paint in the kitchen to it's origninal color and deduct for having the carpets and couches cleaned of the pet dander, but can I deduct all the late fees as well?

"Beyond normal wear and tear" this is the phrase used in courts in most states for security deposit deductions. Make sure that you send an itemized accounting according to your state's regulations. I ABSOLUTELY believe that painting a wall a different color and not restoring it back, constitutes beyond normal wear and tear. So does any pet damage. DOCUMENT everything and take pictures! In LA, the landlord has one month after the tenants move out to either (1) return the deposit or (2) send the tenants a letter explaining why and what the deposit was used for. It should be itemized. That means the you must list the specific things covered by the money that you are keeping for repairs or money owed.

Posted by Donna , NC on Tuesday, October 4, 2011