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Malachi P.
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Move-out Inspection. Is this normal wear and tear / cleanliness? [UT]

Malachi P.
Posted

If I understand Utah code 57-17-3 correctly. I can deduct a cleaning fee from security deposit separate from what one might consider normal wear and tear? I took photos of the main areas of concern but there is a bit of grime everywhere and want to give the tenant a chance to remedy it themselves. If they are unable to, can I assess a professional cleaning deduction?

(1)Upon termination of a tenancy, the owner or the owner's agent may apply property or money held as a deposit toward the payment of rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit.

I'm also concerned about the LVP, seems to me it is more than just normal wear and tear damages in some places as well as some of the scratches/markings on walls.

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Richard F.#5 All Forums Contributor
  • Honolulu, HI
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Richard F.#5 All Forums Contributor
  • Honolulu, HI
Replied
Every jurisdiction is different, but normally you are not able to just pull a number out of the air and "Charge" the tenant. You need either a legit invoice or written estimate from a disinterested third party, legal, business; or something in your Rental agreement and associated documents that spells out either a specific charge, or at least an hourly or flat fee in advance.

Additionally, if the Tenant pursues a legal case against you, whether something is "normal wear and tear" or not is determined by the court based on evidence provided by both sides. Do you have photos and condition documents from the time of move in? 

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