Cleaning

In some places a landlord may deduct for cleaning expenses if the tenant does not leave the unit clean, and a landlord may sometimes require a nonrefundable cleaning fee. The usual standard is that the tenant must return the unit in as clean a condition as he or she received it, except for ordinary wear and tear. The landlord can withhold enough of the deposit to clean the portions of the unit that do not meet this standard. Since there is sometimes a disagreement about how clean the unit was at the time the tenant moved it, it is helpful for both the landlord and tenant to record the condition with photos or videos.

Damage

The landlord may deduct for the expense of repairing any damage done by the tenant, except for ordinary wear and tear. Damage caused by burns, spills, or blows that cause dents usually must be paid for by the tenant. Landlords should check state and local ordinances to see what receipts for repair he or she must produce for the tenant in order to make deductions for repairs. Later disputes can be avoided if the landlord and tenant sign a list of existing damage at the time the tenant moves in.

Rent

The landlord can deduct rent the tenant owes from the security deposit. If the tenant fails to give a full 30 days notice of leaving, the landlord must make an effort to rent the unit, and if another tenant moves in within the 30 days, the landlord may only deduct rent for the time the unit was unoccupied.

Ordinary Wear and Tear

Ordinary or normal wear and tear is the amount of deterioration that could be expected when a unit is occupied by the number of people and pets the landlord has allowed. This ordinary wear is the responsibility of the landlord—the cost of doing business. There is no set standard for deciding what is ordinary wear. The life of a carpet or paint job depends on the quality of the carpet and paint. An average paint job can be expected to last about two years. A landlord may only charge a tenant for the portion of any damage that is not ordinary wear. For example, if a high-quality paint job is expected to last five years, but a tenant who has occupied the unit for three years has damaged it, the tenant can only be charged for 2/5 of the cost of new paint.

Time to Return Deposits

Most states require a landlord to return a deposit within a specified period of time. Check your state statutes to make sure the deposit is returned on time.

For FAQs about Landlord/Tenant Law, visit the Free Advice website or ask a question about your landlord-tenant issue on our Free Advice Law Forum to see how others have handled similar situations.

Check out these related articles:

Security Deposits

How Much a Landlord Can Charge for a Security Deposit

How Security Deposits are Held

Getting Back Your Security Deposit

Inspection of the Premises

Tenants’ Privacy and Landlords’ Access

State Laws: Landlord/Tenant