QUESTION:

What costs can a landlord deduct from your security deposit when you move out?

ANSWER:

Typically, a landlord may charge tenants for any cleaning or repairs necessary in order to restore the rental unit to the same condition as the beginning of the tenancy. Legally, landlords are not permitted to use the security deposit to cover the costs of normal wear and tear. Now you are probably asking, what constitutes normal wear and tear? Here are some examples of normal wear and tear elements that cannot legally be deducted from the security deposit. Curtains faded by the sun, water-stained linoleum by shower, minor marks on or nicks in the wall, dents in the wall where a door handle bumped it, moderate dirt or spotting on carpet, a few small tack or nail holes in wall, a rug worn thin by normal use, worn gaskets on refrigerator doors, faded paint on bedroom wall, dark patches of ingrained soil on hardwood floors that have lost their finish and have been worn down to bare wood, warped cabinet doors that won't close, stains on old porcelain fixtures that have lost their protective coating, moderately dirty mini-blinds, bathroom mirror beginning to "de-silver", clothes dryer that delivers cold air because the thermostat has given out, and/or toilet flushes inadequately because mineral deposits have clogged the jets.

In the future, when moving into a new place, it is a good idea to take several steps to guarantee that you will get your security deposit back. First, when you find a unit, give it a thorough inspection before you sign the lease. Make sure that you look at things such as water pressure and sink drainage in the kitchen and bathrooms, or operation of appliances. It is especially important to do this before you move in, as it is easier to spot flaws and problem areas when the place is bare. Secondly, make a list of any potential problem that you find. Ideally, you and your landlord should fill out the checklist together to prevent any disputes or disagreements. If your landlord will not agree to this, bring a friend or roommate, so that you have another person to witness the condition of the unit. On your list of problems, be specific. Instead of putting, "damage to carpet", for example, state "cigarette burns, frayed edges in carpet next to picture window." The more detail you place in describing damages, the less room for confusion in the future. Lastly, both you and your landlord should both sign the checklist after completing it, and make a copy so that both parties have one. At the end of the tenancy when you are moving out, you'll make another inspection of the same items, noting their condition at move-out time. If items that were ok at move-in are now damages, your landlord may hold you responsible for fixing them, however you will be protected from being billed for damage that existed before you moved in.

For more information, you can reach us at 1-800-8-IMPACT

To download and print this article, Click Here