How much can I deduct from Security Deposit?

Question

Pet was not lease and dog has damaged dry wall, doors, door trim and carpet. The lease says $300 violation and daily $10 for voilation. How can i charge the tenant?

Ray Hage · Answer

I would charge them for whatever it costs to replace/repair all the excessively damaged dry wall, doors, door trim and carpet. If it is more than the security deposit, you need to decide if it is worth chasing them in small claims. Let's say the sec dep is 1000 and the total damages are 1500. Do you really want to chase a tenant for 500?

Nathan Gesner · Answer

Charge them $300 and $10 per day dating back to the day they moved in.

That won't stand up in court because it's a ridiculous amount. Fines should be reasonable. I charge a $200 penalty on the day of discovery, and I charge the tenant whatever pet rent would be if the animal had been approved. If they have lived in the unit for six months, I would charge the $200 penalty plus $100 a month for six months = $800.

In your case, it sounds like you have a lot of cleaning and repairs to deal with. I would charge the tenant for the cleaning and repairs first, then the $300 penalty, then the daily. Odds are good that you won't have enough money for any of the fines. You can choose to go after the Tenant through Small Claims court or just let it go.

In the future, I recommend inspections at least once every six months to prevent things from going too far.