Landlord Question and Answer Forum

I have a tenant moving out in 2 months... I have a $3,000 security deposit that I will need to give back to them pending walk through as they depart. I am not fully aware of what are considered 'repairs' that can be deducted from the security deposit. I know I will need to repaint and fill in some holes from one of the rooms since they have a ton of pics on the wall? could that be considered a 'repair". Also, is there a list of items / repairs that can be deducted from Security Deposit? Thanks!

To clarify this point, here are some examples of things that landlords could deduct from a security deposit, meaning that the damage went beyond normal wear-and-tear: Excessive holes in walls from picture hangers Broken tiles or fixtures in bathrooms Stopped toilet due to misuse Broken walls Removing paint put up by tenant Tears, holes or burn marks in carpets or curtains Animal stains in the carpet caused by domestic animals or leaking fish tanks Broken windows and window screens Broken doors and locks Appliances broken by negligence Excessive filth in over or on stove by burners Clogged drains from misuse or negligence Broken or missing window blinds Flea and pest extermination Excessive mildew and mold in bathroom Excessively filthy bathtub, shower, sink, mirrors or toilet Here is a list of things that are generally considered to be normal wear-and-tear which cannot, according to security deposit laws, be deducted from a security deposit: Faded paint or wallpaper due to sunlight Broken plumbing caused by normal use Dirty blinds and curtains Rug wear caused by normal use Furniture marks in carpet Warped doors caused by age, temperature or moisture Warped windows caused by the flow of the glass Dents in walls from door handles Broken appliances, if not from misuse Dusting Faded curtains Broken lightbulbs Replacement batteries for smoke detectors Picture or pin holes in walls, as long as not excessive

Posted by Molly H, on Wednesday, February 22, 2012

i have a tenant that was so filthy. I m still having a hard time determing what is normal wear and tear. Is it difined and is it different in different states. Indiana. They also gave no notice. it states clearly in my lease to give a 90 day notice. Thanks Misti

Posted by Misti C, IN on Thursday, February 23, 2012

this is great info - I appreciate it.

Posted by Heather S, MD on Thursday, February 23, 2012

what should I charge for pet deposit?

Posted by Misti C, IN on Thursday, February 23, 2012

Probably the best source of information is a real estate attorney, but not everyone has access or is willing to pay for one. Try to develop a working relationship with one e.g. do closings with them or refer clients to them. Abby, I have tenants leaving. They are the first ones in the renovated property. I used the "move out cleaning guide" to notify them of my expectations. I spoke to a landlord I know in the Boston area, she states some holes in the walls are "wear and tear" in her experience. I have damage to the stove top, chipped finish, a broken refrigerator shelf support, a dented/ a hole in it transition at a door way that I am aware of. I will charge for these because they are broken/damaged beyond an easy fix. Misti, how much to charge is a judgement call. The type and size of the, indoor or outdoor pet. Keep in mind that if the pet damages excessively you can "probably" use the security deposit after the pet deposit is depleted. In my lease I wrote in that I would change the A/C filters every month. That way I could see if the pet was causing damage. Or, you can write in that you will change some light bulbs or test the smoke detectors monthly as an excuse to "inspect" the property. If you find the pet causing damage give them a written notice to correct it. If they do not or violate it evict them. This time around the pet was not an issue, but you must remain vigilant and involved with your property.

Posted by Anker P, FL on Friday, February 24, 2012

Depending on the state law, you may have up to 30 days after the tenant moves out to refund the security deposit. I would not give it to them with the final walk through, as you may find things after-the-fact. I agree that excessive holes from picture could be considered a repair, though I would give the tenant the benefit of the doubt and tell them they need to repair the holes and use touch up paint before moving out. If they don't follow your guidelines for filling the holes, they will be less surprised when you charge their security deposit than if you don't mention it in the first place.

Posted by Jennifer R, IL on Saturday, March 10, 2012