Security Deposit: Loss of Rent to Complete Repairs After Moveout

5 Replies

Is it permissible to deduct loss of rent from a security deposit due to a unit not being available to rent again pending repairs due damage that was chargeable to the tenant if I could not reasonably complete those repairs while the tenant was still in the unit due to clutter?  (ex. painting, damages I could not see in drywall etc.)

Originally posted by @James Farrel :

Is it permissible to deduct loss of rent from a security deposit due to a unit not being available to rent again pending repairs due damage that was chargeable to the tenant if I could not reasonably complete those repairs while the tenant was still in the unit due to clutter?  (ex. painting, damages I could not see in drywall etc.)

 So if the tenant moved out with notice on 9/30 and it took you two weeks to fix it up, and you got it rented for Nov 1, having a month of vacancy, you can only deduct the damages.

The only time you can charge them for loss of rent is when they break the lease and your lease states they have to pay rent until the unit gets rented out again

Brie Schmidt, Real Estate Agent in Wisconsin (#57846-90) and Illinois (#471.018287)

No. Holding costs during vacancy can not be charged to the tenant who completed the term of their lease and moved out.

Try to address maintenance and repair issues throughout the tenancy. Prepare for downtime for the make-ready between tenants. Establish efficient and effective turn-over procedures for quick turnovers. Try to reduce turnovers by finding and keeping good long-term tenants.

No. Loss of rent is not deductible.

We once charged a previous tenants deposit for lost rent in addition to the repairs when they removed a door jamb and part of a wall to make moving their furniture out easier.

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