Security Deposit - Pee on Carpet, Roaches

[Vernon Henry]

Hi All,

I have a couple of questions regarding security deposits.

A tenant, who is moving out,has ruined a carpet by allowing their young children to urinate on it. Though it has been professionally cleaned, the smell of the urine persists. We are convinced that replacement is the only solution to the odor problem. How much of the carpet's replacement cost should come out of their security deposit? Although the carpet was not new when they moved in, it was in very good condition.

Also, this tenant had very slovenly habits in general and during their stay, the apartment became infested with German cockroaches. There was absolutely no insect problem before their move-in (we're sure because the previous tenant was very clean and would complain even if they saw a spider). Can we deduct the cost of fumigation from their deposit?

Thank you for your advice.

Vern

[Michael Rossi]

If the carpet is indeed ruined, most states allow you to deduct the depreciated value of the carpet. In other words, if 25% of the life of the carpet was already gone, then you would be entitled to deduct 75% of it's value from their deposit.

In reality, I just deduct the price of the carpet from their security deposit, along with all other damage they did. If they want to quibble about the value, I'm happy to fight it out in court. Most of the time, the cost of the carpet will exceed the security deposit anyway, so it's not an issue. Of course, you can deduct the cost roach extermination.

Good Luck,

Mike