Security Deposit question

3 Replies

First let me say this is my first rental  property. Tenant was there for 3.5 years and always paid on time (last possible day) but I got paid. They moved out almost 2 weeks ago. No keys were left for any doors and locks were replaced while tenant occupied property so I didn't have copies (I know shame on me), shower rod was taken? 2 sets of curtain rods and curtains were taken?    

I asked for items back- response was "had to search to find keys", curtains were ruined when MY basement flooded and ruined them, shower rod was rusty so tenant thought I wouldn't want it, tenant disassembled my curtain rods and would have to find all pieces to get back to me. Tenant contacted me a few days later and said I have everything and I will drop off and told her don't bother everything has been replaced and will come from your security. 

Tenant also moved a dog into property about a year in (200 nonrefundable in lease for pets) and also enclosed an open loft into a bedroom, sheet rocking open space and placing a door on an open entry way. (lease states no construction)  

Tenant asked me if I wanted her to take down the construction and I said no, as I hadn't even seen what it looked like. And quite frankly I was afraid there would end up being a bigger mess left for me. 

So here's my question. Now I am looking at what I should be taking from security deposit. I know new locks and shower and curtain rods and pet security. Can I charge for curtains? Since I told tenant not to remove construction, can I pull from security for that? 

Please help a newbie who is probably too nice to be a landlord. 

Yes. Charge them for everything including the clean up. Most states have a statute that governs how much you can charge for cleaning. I would also get a contractor quote for removing the construction and apply this amount against the deposit.

Please go to your local landlord/tenant website and pull the actual statutes and read through the deposit laws so that you are legal in how you deduct and how you respond in writing. I would assume with the amount of replacement/cleaning/contractor work that will be needed that there will be no deposit left to return. However, you will need to still notify in writing that there is zero deposit remaining and document the items and amounts to the tenant.

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First Download your state landlord tenant laws so you know time frame as to when you have to mail out a security deposit disposition or refund by. 

Second take photo's of the construction area,, 

Honestly your gonna charge them for curtains after 3 years of renting from you.. and a gross old shower curtain and rod.  I'd stick to the main issue, the removal cost of the reconstructed area and you'll need to show and have receipts for any costs or labor paid to someone that removes the stuff and to repaint ect to restore to original. You can charge for paint, disposal fees and materials but not your own labor.. you have to have someone else do the tear down and repair.. and have receipts.. to justify what you charge for. 

Did you never during the time they were there look inside? why would you have waited on that room change.. situation,, would have been removed asap if I had seen it. 

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