Landlord Question and Answer Forum

I have a tenant who has lived in a rental house for nearly 10 years, and is now moving out. During the course of the tenancy, there have been things that were clearly the tenant's responsibility, but for which I elected to pay due to various reasons. Can I deduct those costs from the security deposit even though they were paid by me several years ago? They are clearly items that WOULD HAVE been the tenant's responsibility had we waited until "move out," but yet I paid these costs during the lease. Note that they are NOT issues involving habitability or implied warranty. Any help or insight is appreciated. Thanks!

Whether you have a legal right to that money is really up to a judge, if you kept the money and the tenant took you to court. Just depends on how much appetite you have for that sort of thing.

Posted by Ralph F, CA on Wednesday, September 1, 2010

What reasons are there for a landlord to substract money from the security. What is considered normal wear and tear?

Posted by Delores W, NJ on Wednesday, September 1, 2010

Ten years is a long time to hold on to a security deposit! I say give them the full refund due plus the interest they are entitled to.

Posted by Amelia R, GA on Sunday, September 5, 2010

from what i have heard, after a long tenancy, it is very hard to keep any money because anything you will find outdated or in need of repair will be normal wear and tear after 10 years. I agree with Amelia, they are probably due their entire security (not sure about interest, check your state rules) for example, paint and carpet would be way past due their "life usage" so you could not charge for these things. As for the things you paid for during tenancy, sounds like ou agreed to pay and took the responsibility and the tenant will feel the same, unless you have something in writing that the tenant is responsible and they knowingly did not pay you back. You shouldnt have waited to recover that money at the end. I have a feeling your tenant will be surprised thinking that cost was over a long time ago. It sounds like you started a tab without telling the tenant. Im sure your tenant prob got used to thinking it was your responsibility. You should have made it clear at the very beginning.

Posted by Land L, CA on Wednesday, September 8, 2010