Can I use tenant's Security Deposit?

[Anonymous]

My tenants are moving out this summer. I went over this weekend for a walk through. Looked like an episode of the Hoarders. The carpet was disgusting, counter tops in kitchen were cracked, huge dent in the wall. Overall, disgusting. None of this has ever been brought to my attention in the 9 years they have been there. Can I use the security deposit for these kinds of repairs, carpet replacement? What warrants "normal wear & tear"? After what I saw, they don't deserve a dime back, & I'm not replacing anything until they leave, other than required maintenance, etc. Just want to know what I can do legally? thanks.

[Anonymous]

Hope you've got pics of how it looked before they moved in.

I believe carpet replacement and painting of walls is considered normal wear and tear. Plastering holes, replacing kitchen counter tops is not.

[Anonymous]

I think you'd have to replace carpet after 9 years of it being rented. Dents in wall and cracks in the countertop would be different, I would use their deposit for that since it's not normal wear and tear.

[Anonymous]

carpet replacement and maintenance is not normal wear and tear
You can have the carpet cleaned and stretched. But you cannot expect the tenant to cover the cost of new carpeting

[Anonymous]

Anonymous wrote:Hope you've got pics of how it looked before they moved in.

I believe carpet replacement and painting of walls is considered normal wear and tear. Plastering holes, replacing kitchen counter tops is not.

It's been almost 10 years, no I don't have any telling pictures of "Before". I figured the painting is normal.

[Anonymous]

Anonymous wrote:carpet replacement and maintenance is not normal wear and tear
You can have the carpet cleaned and stretched. But you cannot expect the tenant to cover the cost of new carpeting

OP here. Why can't I, if the carpet damage is beyond cleaning?

[Anonymous]

Anonymous wrote:

Anonymous wrote:carpet replacement and maintenance is not normal wear and tear
You can have the carpet cleaned and stretched. But you cannot expect the tenant to cover the cost of new carpeting

OP here. Why can't I, if the carpet damage is beyond cleaning?

well you have to have a sense of what the useful life of carpeting is. Are you depreciating that carpet on your taxes? 10 years seems like a reasonable estimate of useful life, which means at 9 years you are pretty close. You might have an argument that they should cover 10% of replacement cost but you'd want to be able to document everything.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Hope you've got pics of how it looked before they moved in.

I believe carpet replacement and painting of walls is considered normal wear and tear. Plastering holes, replacing kitchen counter tops is not.

It's been almost 10 years, no I don't have any telling pictures of "Before". I figured the painting is normal.

After 10 years with out any maintenance or repair, even regular wear and tear is likely to be significant. You could help yourself out in the future by doing a yearly walk through and asking your tenants for a list of any minor repairs or touch ups at that time.

[Anonymous]

After 9 years replacing the carpet is normal wear and tear, I am afraid.

You can take their deposit, but if they take you to court you will lose, particularly as you can't document the "before" situation.

[Anonymous]

post some pics so that we can determine wear and tear.

You will want to add up all repair issues and maybe take their deposit and request more.

I wouldn't count on getting anything from the carpet but you could try.

[Anonymous]

You can make a list of the deficiencies that were caused by tenant neglect and ask them to fix them (holes in walls, etc.). If they don't fix them then you can deduct the cost of repairs from their deposit and send them an itemized list of damages. Presumably you did some kind of walkthrough before they moved in though to document pre-existing damages.

I wouldn't charge for the carpet though given the length of time they've lived there.

[Anonymous]

Why weren't you inspecting annually?

Rookie mistake.

[Anonymous]

just go against your pre move walk though list.

[Anonymous]

Anonymous wrote:Why weren't you inspecting annually?

Rookie mistake.

+1

[Anonymous]

Here is a guide from Montgomery County about Landlord Tenant security deposits and normal wear and tear. It's an easy read and at the end gives the life expectancy of various items in your rental.

http://montgomerycountymd.gov/DHCA/Resources/Files/housing/landlordtenant/ordinary_wear_tear.pdf