Security Deposit: Loss of Rent to Complete Repairs After Moveout

[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.)

[Brie Schmidt]

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