Security deposit/cleaning question

[Joseph Bautista]

I own a few basic rental units and one of my tenants recently moved out. I withheld a portion of the tenant's security deposit in part for pet-related carpet cleaning and deep carpet cleaning, which were arguably necessary. The tenant sent me a letter with a copy of a cleaning receipt, saying that he hired a cleaning company (which I am familiar with and know to be legit) upon arrival and that it was unnecessary to withhold a portion of his security deposit for deep cleaning and pet stains. He has mentioned small claims.

Based on this, is it is possible that the tenant has a case? I have not run into this issue before.

Thanks,

J

[Michael Seeker]

You need to have something documenting the condition of the carpet when this tenant moved in. If you don't have that, then you should return the full deposit or you will likely lose if it escalates to small claims court.

Consider this a cheap "lesson-learned" to not allow tenants to take over a lease. Each time a new tenant moves in, you need to make sure you have documented and charged the prior tenant for any damages and that you document the condition prior to move in.