What law says the landlord can keep all security deposit for minnor wear and tare on the appartment?

Question

They paid 750$ and the landlord is keeping it all. He had to paint, that he should do after every tenents leaves any ways. He had to shampoo carpets, which is fine. There were no holes in walls, no late bills, just little stupid things that he said coats all that money. I was just wondering if there is something that says what they can and cannot charge againts you and if we should try to get some of our money back.

Answer 1

NO! Fair wear and tear is allowed - only damage/deterioration that was caused by you can be taken from the deposit.

Fair Wear and Tear is defined as "the deterioration that occurs over time with the reasonable use of the premises even though the premises receive reasonable care and maintenance"

Unless you have caused damage either directly or by failing to notify the landlord of a problem with the property, the landlord is trying to rip you off!

The relevant laws for you will depend on your location, you will need to say what state you are in if you want more detailed help in here.

Where I am located it is illegal to demand a tenant pay for the carpet to be steam cleaned at the end of the lease - even though most agents and landlords lie and tell people they have to have it done. Some even put it in the lease - even though it is against the law. Watch out people - know your rights as a tenant, agents lie big time!

Best Wishes

Answer 2

A landlord does NOT have to paint after every tenant. If the walls are not clean and not damaged, he can wash them. The only reason a landlord should have to paint is if there was damage, it was fixed and had to be repainted, cigarette smoke, and crayon marks, pen marks (especially gel pens) are hard to get off the wall and do warrent painting. These are examples of things that are not normal wear and tear.
My contractor charges $50.00 a room to paint. So it would depend on how many rooms he painted. But, say you have 2 BD, living room, bath, kitchen (greasy) and dining room. You just racked up $300.00. Add about $65.00 per room for carpet cleaning, that is another $195.00.
Cleaning carpets is something that should have been done by the tenant. The landlord has the right to deduct this from the security deposit.
So far you are up to $495.00. That leaves $255.00. Were there damages? Was the rent paid up to date? Did you give proper notice of moving? Did you move out after the date you were supposed to (such as a few days)? Did you clean everything?
These are all questions that come into play. If you dont give back the apartment in the same condition you recieved it, then you are charged for it.
Unfortunately, there has to be more to it than the sketchy info you gave. Plus he has to give you an itemized list of the charges against the security deposit.
What you concider minor wear and tear may not be so minor.

Answer 3

Any landlord must only keep the money needed for the actual repairs or if he did the repairs he should have estimates of what the actual cost would have been.
Now he must present you with the bills that are deducted from your deposit. These can not included normal wear and tear which is based on the condition of the home when you moved in and how long you lived there.
It is best when you move into a home make a list of its condition with the landlord and take photos. Then everything is documented. That way if the landlord attempts to keep the deposit you have records that you can take to Small Claims Court to get your deposit returned.

When renting you should not do anything to the property that changes it in anyway without the permission of the owner or property manager. If you do you must put it back like you found it when you vacate. Some people paint rooms blue, or clouds on walls and stuff and then it is hard for the owner to re-rent the unit. You can and will be docked for this if you do not return it to its original condition.

Minor wear is tiny holes for pictures, scuffs on walls, clean carpets but traffic area patterns, light scratches, etc. You need to leave your home ready for the next person to rent. Clean and in good shape.

Laws state the landlord must produce receipts for repairs and cleaning that were deducted from your deposit. Otherwise, he can be taken to court and will most likely lose the case. You would recoop the deposit and any money lost for going to court (like gas, time off from work) if you request it.

Good Luck.

Answer 4

Did the lease get fulfilled, or was it broken? If this lease term was fulfilled u r right they have to paint also they have to clean the carpet, do the makeready etc. Now if this lease was not fulfilled and residents moved out early, yes they have the right to chrg. for all, the reason is they would not have incurred these expenses at that time. Minor wear and tear as u put it does not give me enough info, as for say carpet clean they can charge for anything that exceeds a normal clean example stains that were not there and would not come out in a normal clean, paint if it was beyound a normal paint, such as holes in walls, extra large nails that were used and needed patching, u see what I mean. Did they do a walkthru sheet at time of move in and move out? Very important to do both and have copies with renter and leaser signatures. Did they by chance take photos for proof of how the apt. was left? Also did the landlord or represenative of the property send a statement to new address explaining the chrgs? If they did not have a new address a letter still has to be sent requesting address correction, that way if returned to the property they have this proof. If this was not done and u r sure this deposit was taken for no real monetary reason, file a small claims case, yes u can really win if u have all your info together, in most states if a deposit is kept illegally or not refunded in 30 days after move out date u can be entitled to treble damages(in other words 3 times the deposit amount) hope this has helped. HAPPY NEW YEAR!

Answer 5

You have learned a hard lesson of a renter. I am sorry. I rent and here is what I do when I move. Two months before put in work request to fix every little thing the landlord is responsible for and I do mean every little thing. Several days before your move out date. Move all you things out and then paint the place and get the carpet professionally shampooed. Replace the blinds. Keep receipts. Clean the refer and stove spotless same with the bathrooms. Mop and wax the floors. Take a video camera and walk through the empty apartment to show that it is clean and no damage is present. Wait thirty days and then call and ask about your deposit. Ask for an itemized list of the charges. Check the list. I have been charged for dusty blinds when I had just replaced them or steps were dirty when they had been mopped. Send them copies of your receipts never the originals and request they recheck their records.You will seldom get all your money back but it helps in a dispute if you have proof of what you did and what the place looked like when you moved out. If all else fails and you have the receipts and video then you can go to small claims court and it is no longer their word against yours you have proof with the receipts and video. Not all renters tear up a home and not all landlords are honest.

Answer 6

Landlords cannot retain security deposits for ordinary wear and tear. The tricky part is sometimes determining what is ordinary wear and tear and what is not.

Although many landlords DO repaint between tenants, a paint job should last at least 3 - 5 years if not longer and automatic repaint jobs are on the landlord unless there is excessive wear or damage. If there are lots of hand and finger prints on the walls after only 1 year, it may not constitute normal wear and tear.

Most jurisdictions require landlords to provide an itemized accounting of the charges and return the balance of the security deposit (or a bill for the excess if the deposit wasn't sufficient to cover all damages) within 30 days of move out. Failure to provide that accounting within 30 days usually bars the landlord from making any deductions at all, even for legitimate damage caused by the tenant.

The best way to avoid any conflicts is to perform a detailed inspection at move in and move out (preferably with pictures) with both the landlord and tenant present. If you failed to do that your position is significantly weakened.

Consult with a local tenant's rights organization or an attorney.

Answer 7

The landlord cannot keep your security deposit for wear and tear. It is only his say what is minor or not however if you did not fill out a move-in sheet.

Some minor things can be charged for. Here is a short list of what I charge for that people get upset about:
Holes in drywall (anything requiring drywall mud, anything larger than a pinhole)
Carpet - An oil or tar spill on the carpet requires me to replace the whole room, so I charge for it. Multiple cig burns also require replacement.
Keys - Any unreturned keys requires that I change the locks, and results in a fee being charged.

Theres more, but the point is, what you consider minor, might not be. If the apartment is in basicly the same condition you rented it, and you can prove it, then you can take him to court. If you can't prove it, then it is his word against yours, and the courts will probably not be much help.

Answer 8

There are several factors pertaining to your security deposit. Normal wear and tear is not abnormal wear and tear. Abnormal would be holes in the carpet, permanent stains, patches, and animal stains

The law states that the landlord/owner must give you a written breakdown of the cost in order to put the apartment back as it was before you moved into the unit. If only the kitchen and one bedroom needed painting, they can not deduct for painting the whole apartment.

I worked for a property management company, and we managed over seventy hundred units. On their security deposit refund check we would breakdown everything to the penny. Sometimes it would turn out that the tenant owed us money, so we would send them a statement with the breakdown and request a return check for the amount owed to us.

Below is a link to answer some basic questions in reference to security deposits.

Answer 9

If your friend asks for a recipt of all the repairs that needed to be fixed the apartment is required by law to provide one. He has the right to hire an attorney. The apartment must account for ALL costs on paper and be able to show him in full where all the money went. If they can not do this he is entitled to get whatever remainder of the deposit there might be.

Answer 10

Take the landlord on People's Court! :) No, the landlord must be able to prove that there was unordinary damage that resulted in expenses of $750 (or more) in the form of pictures and receipts.