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As a landlord what can I deduct from a tenant's security deposit?

All or part of the securitydeposit may be retained by te landlord as compensation for

physical damage caused to the premises by the tenant, members of the tenant's household, pets,

or guests. The tenant can be charged for mage caused by negligentor careless acts and for

damages due to accident or abuse of the property. The landlord can charge the tenant for the loss

caused

by

their

damage.

For

example,

if

the

tnt adamaged

a

ten-year-ld

carpet

so

that

it

could no longer be used, the tenant should be charged for the value of the ten-year-old carpet and

not for the cost of the new replacement carpet. A landlord cannot retain a security deposit to

cover normal wear and tear that occurs as a result of the tenant using the property for its intended

purpose. A landlord can deduct from the securitydeposit unpaid rent, late charges, unpaid pet

fees, and unpaid utilities which were the tenant’sresponsibility under the terms of the lease. If

the tenant contracted for the rental property tobe repaired or cleaned and those charges are not

paid the landlord can retain the security depositto cover those costs. The landlord can also keep

the security deposit for damage caused by the tenant's early termination of the lease.

I moved owing two months’ rent. My landlord has not returned my security deposit or sent me a letter explaining why. What can I do?

If you moved owing your landlord rent less an the amount of your security deposit,

your landlord had the legal rightto subtract the amount you o e from the security deposit but

should return any excess money toyou. If you owe more rent thanthe amount of your security

deposit, your landlord can keep your full securitydeposit and sue you to recover the remaining

rent. When the security deposit is held by the landlord to cover unpaid rent and not damages, the

landlord should consider sending the tenant noce of the reason for the hoding of the security

deposit. The law does not require the landlord to send such a notice when the security deposit is

held to cover unpaid rent. It is still a wise buiness practice to provide notice to the tenant when

the security deposit is retained to cover the unpaid rent.

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