Tenant security deposit deduction

Banker · Miami, FL · Member since 2021 · 37 posts · 11 votes

Hello all! I just recently had a tenant move out with a security deposit of $1000. The unit required extensive cleaning due to a shedding dog they had, it also had damages to the bathroom door and door trim from what seemed to be the dogs nails digging into it. There was also burn holes in a couch that he had purchased and wanted to leave in the unit. I suspect there to have been smoking in the unit which is prohibited in the lease agreement.

What would be a proper way to address this and reasonable deduction to the security deposit for the extensive cleaning due to the excessive dog hair, damage to door and door frame and the high possibility of smoking that occurred in the unit?

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Quote from @Hai Le:

First, it's important to understand what the law requires/allows. Under New York law, landlords have 14 days after the tenant vacates the property to either return the full security deposit or provide an itemized statement indicating any deductions made from the deposit.

If the landlord deducts any expenses from the security deposit, they must provide the tenant with an itemized list detailing each deduction and the corresponding cost. This list should include descriptions of the damages or unpaid rent, along with any supporting documentation or receipts for repair costs.

I would start by creating the itemized list of charges, even if they are estimates. Then focus on finding professional vendors that can clean/repair, as necessary. Move fast because the clock is ticking.

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Mike Fingleton
Real Estate Agent · Scottsdale, AZ · Member since 2024 · 155 posts · 103 votes
1y
Hey Hai,

It sounds like you’ve got a bit of a messy situation on your hands, but the good news is, with the right approach, you can navigate it smoothly. First off, addressing the damages and cleaning needs is a good start, but you’ll want to be sure you’re not overstepping your legal boundaries with the security deposit. In my experience, transparency and documentation are key here...make sure you’re itemizing everything with photos and a clear breakdown of the costs.

Regarding the excessive dog hair and damage to the bathroom door and trim, you'll want to start by pricing out professional cleaning services. I’ve had cases where it seemed like an easy fix, but dog hair can be a real nuisance that requires specialty equipment or extra cleaning hours. As for the door and trim damage, get a couple of estimates on what it would cost to repair or replace those items. With the smoking, if you don’t have direct evidence but strongly suspect it, consider bringing in a professional to test the air quality or check for lingering odors. Many landlords I know have gone through this...and you’d be surprised how much odor can stick to things like carpets, walls, and fabrics even with a no-smoking clause in the lease. From what I’ve heard, it’s common for some smoke to linger even after you think you’ve cleaned it all up.

I’ve had a similar scenario before with a tenant who had a dog with some, let’s say, very sharp nails. The cost for cleaning and replacing damaged trim added up quickly. As for the smoking, after some back and forth, I ended up taking a slightly larger chunk out of the deposit to cover deep cleaning and the replacement of the carpet, which was saturated with smoke smell. It's always a bit of a balancing act, but it’s critical to follow the lease terms and local laws.

Have you looked into professional cleaners who specialize in post-smoking cleanup? It can definately be worth the investment if the odor is really pervasive.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
1y
Quote from @Hai Le:

First, it's important to understand what the law requires/allows. Under New York law, landlords have 14 days after the tenant vacates the property to either return the full security deposit or provide an itemized statement indicating any deductions made from the deposit.

If the landlord deducts any expenses from the security deposit, they must provide the tenant with an itemized list detailing each deduction and the corresponding cost. This list should include descriptions of the damages or unpaid rent, along with any supporting documentation or receipts for repair costs.

I would start by creating the itemized list of charges, even if they are estimates. Then focus on finding professional vendors that can clean/repair, as necessary. Move fast because the clock is ticking.
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- Wesley W.
  Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
  1y
  Quote from @Nathan Gesner:
  
  Quote from @Hai Le:
  
  First, it's important to understand what the law requires/allows. Under New York law, landlords have 14 days after the tenant vacates the property to either return the full security deposit or provide an itemized statement indicating any deductions made from the deposit.
  
  If the landlord deducts any expenses from the security deposit, they must provide the tenant with an itemized list detailing each deduction and the corresponding cost. This list should include descriptions of the damages or unpaid rent, along with any supporting documentation or receipts for repair costs.
  
  I would start by creating the itemized list of charges, even if they are estimates. Then focus on finding professional vendors that can clean/repair, as necessary. Move fast because the clock is ticking.
  
  I love that since writing his new landlording book, @Nathan Gesner has become aware of the ridiculous and draconian laws that we are subject to here in the Socialist Republic of New York. ;)
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
1y
Charge them for the cost of repairs. If you did the cleaning and repairs, you aren't going to be able to charge for your time. I'd also charge him for disposal of the couch. Even though he may have bought the couch, you don't know if it was new or not and it may have come that way.
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Matthew Becker
Developer · Moscow Idaho · Member since 2024 · 224 posts · 143 votes
1y
Take images and a video. Also, do a manual checklist. Hire someone to do the repairs and have them send you a bill. If they smoked, it should be pretty apparent. Then you need to get some smoke blocker primer and repaint the place. Hire someone to haul the couch away. Replace the trim.
It might be good to have a 3rd person go in and acknowledge that there is smoke damage.
This damage will exceed the SD, but you still need to send a detailed list of damages, costs, and an SD refund from the documents. Include bills.
I assume you have no smoking in your lease? If not, make sure you add it.
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