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Updated over 6 years ago on . Most recent reply

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Noam Ofan
  • Investor
  • El Cerrito, CA
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Security Deposit Money To Cover Repairs?

Noam Ofan
  • Investor
  • El Cerrito, CA
Posted

I have a rental that's been rented out for about 4 years to the same tenants. At this point they are month-to-month and I only need 30-day notice to ask them to move. I'm planning to ask them to move out soon because I'm planning to sell the property.

My question is - what am I allowed to use their security deposit for exactly? Does it make any difference if they have been living in the house for 1 year or 4 years when it comes to what I'm allowed to use the money for? 

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Marcus Auerbach
#2 Tenant Screening Contributor
  • Investor and Real Estate Agent
  • Milwaukee - Mequon, WI
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Marcus Auerbach
#2 Tenant Screening Contributor
  • Investor and Real Estate Agent
  • Milwaukee - Mequon, WI
Replied

@Noam Ofan - this is regulated by State law, in your case CA. You should be able to find a pdf from a local gov agency, so you can reference the actual law.

In Wisconsin you can use the security deposit to cover actual damages, like a broken window, a hole in the drywall, the kid's marker drawings on the HWF, the dog's scratchmarks on the front door etc.

Excluded however is reasonable wear and tear. Usually carpet and paint falls in that category.

We give tenants a move out checklist and instructions for cleaning. This sets the expectations of the condition we want to get the place back. Sometimes you get a property back ampty and clean and you can literally move in the next day. Sometimes thye left furniture and junk we have to dispose, before we can start to clean. We do have set fees for cleaning etc and those are detailed in the move out instructions.

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