What can I use security deposit for?

Question

Hey BP,

I was wondering what I can use a security deposit for, in terms of repairs. I currently have a house that is going to need ALL of the rooms repainted upon move out. The question is, can i use the security deposit to pay for the paint, and supplies? Do I charge for my time if i'm not a licensed painter? Can I use the money to purchase a sprayer for the paint? How do I go about doing this all? Thanks!

Ryan

Mindy Jensen · Answer

@Ryan S. , you should read your Landlord Tenant Laws carefully. Most states do not allow landlords to charge for their time.

Also, paint is considered normal wear and tear if the tenants have been there long term. I'm not sure how long paint is supposed to last, but you may not be able to charge for anything if you had long term tenants move out.

Again, your Landlord Tenant Laws in the state where the property is located will dictate what you can and cannot charge for.

Dawn Anastasi · Answer

If tenants knock holes in the walls, and draw all over them or smear things on them, that's not normal wear and tear.

Kim Meredith Hampton · Answer

@Ryan S. always check your landlord tenant laws first.

Security deposit VS normal wear and tear, hopefully this will help in answering some of your questions;

This is probably one of the hardest things to determine and explain. What exactly is “normal wear and Tear”/ The definition is the deterioration of the property that occurs during occupancy where the tenant cleans regurarly and cares for the premises reasonably.

Remember security deposits are for the protection of the landlord in the event that something is damaged or really dirty.

What Can and Can’t be Deducted from a Security Deposit? I also want to point out that you MUST video or do a full walk thru with photos prior to the tenant taking occupancy. Possibly using a professional third party vendor for the pre-inspection is a great idea, give a copy to the owner and tenant

Excessive holes in wallsBroken tiles or fixtures in the propertyPlumbing backupsRepainting where a tenant has repainted from the original color Tears, holes, stains or burn marks in carpetsMissing or damaged blindsBroken windows and window screensBroken doors and locksBroken or damaged appliances

Excessively Dirty

Pest control if you see Bugs and or fleasJunk or trash left behindPast Due rentFees incurred from fines from the association due to the tenants conduct or lack thereof Water damage to hardwood floors

Missing outlet covers

Remotes for garage or gate if not returned

Rekey of locks if tenants did not return the keys

Unpaid utilities, as long as they were part of the lease agreement Undoing a tenant alteration

This is a sample of things that are usually considered to be normal wear-and-tear and should not be deducted from a security deposit:

Slab or plumbing leak

Normal rug wear. Be especially careful charging a tenant for the entire cost of carpet when the carpets are like 10 years old

Picture or pin holes in walls, as long as not excessive Painting the exterior of the homePressure washing unless there are oil stains from their auto Routine maintenance

There are many more circumstances that could and will come into play, but lets all work together to come to a resolution. Remember those photos and or videos prior to and after occupancy to document everything!

Justin Fox · Answer

@Ryan S.

Look around, you can probably find a painter that will paint for ~$100/room with you supplying the paint.  If the rooms are that bad, save the receipts from paint labor and supplies, and consume all the deposit you can and then mail out the rest (if any) to the forwarding address with receipt copies.  If you can not work at the expense of someone else, do it.  It's their fault, not yours.  When you play stupid games, you win stupid prizes.  Now you have new things to put into the lease agreement for next time as well : ).  I would only charge for the rooms that have been destroyed though.  For example, if the kitchen is getting a coat just because you patched/painted the damaged rooms, I would eat that labor cost or do it myself.

That's what I would do.  Make sure you take pictures too and have before photos as well.

Ryan Sajdera · Answer

Yes, looking over the laws for KS, it just mentions some items that fall under ordinary wear and tear and excessive damage and filth. There are huge streaks on all the walls from shoes, beer stains, etc. Theres holes in the wall where recliners and chairs smash into them frequently, so i'm pretty safe to say this is NOT normal wear and tear. They even agreed that they were rough on the walls... but thats a college rental.  So i guess, i'm just looking for input on how others manage this type of issue?

Ryan

What can I use security deposit for?

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