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
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.