security deposit question : ezLandlordForms

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Madge G

started a topic about 13 years ago

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?

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Donna

said about 13 years ago

"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.

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Adrien L

said almost 7 years ago

There are no laws in oregon on how you keep the security deposit, so i think your bank will be sufficient.

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Scott H

said over 6 years ago

Just need a clear bill showing how the deposit was used. add in the insurance deductible. What does the lease/ law in WI say for return of deposit I get 45 days in VA

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Kristin G

said over 6 years ago

My lease states that any damage or damages that are cause by the lack of the tenant informing me is the tenants responsibility. I.E. sink has been leaking water for 4 months and wrecks the floor. The tenant is responsible for telling you about the item needing repair and if not they are responsible for the damage due to the lack of repair and not notifying you. Your lease may be a little different. Having knowledge about it and not communicating to you is the tenants responsibility. Its not like you would have every know about the leak.

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Scott H

said over 4 years ago

Hello, Sorry about your tenants leaving a mess. Charge them for everything you can document. Pics and bills. 1. Yes. 2. The tenants are responsible to leave the house in what is know as broom swept condition unless you have something else in your lease(I put in the house and carpet must be professionally cleaned) 3. if you have to buy new smoke alarms and extinguishers charge them for the replacement If your just putting them back up you really had no loss.(fire alarms need to be replaced every ten years). 3A. They were moving things out 2 days after the lease was out so you could prorate for those two days. 4. If its damaged and you paid to fix/ replace it add it to the bill. As long as it's well documented and you give them a bill you should be good.