Renting: what can landlord reasonably deduct when moving out?

[kev374]

What items can be deducted from the security deposit on leaving the apartment IF the apartment has been left reasonably clean?

Is it reasonable to charge for carpet replacement if there are just normal wear stains in some areas but no rips/tears?

Is it reasonable to charge for painting if the walls are spotless? Once a landlord told me that they paint everything by policy whether it’s clean or not, at the time I didn’t have the time to fight it but it seemed rather shady.

[exsdgal]

One can withhold deposit for unpaid rent, lost keys/remotes, repairs beyond normal wear/tear, and cleaning.

In CA a landlord must provide a written notice to their tenants about their right to request an optional inspection prior to moving out. In this optional inspection conducted no earlier than 15 days from the move out date, the landlord can indicate the list of items that needs fixing to receive a full deposit refund.

I own rental properties, and personally see it hassle free to return the entire deposit. The few occasions I did deduct were to replace remote controls. The unit is rekeyed between tenants, so don’t as much care for missing keys. Likewise, the tenant never cleans enough and do end up cleaning the unit as part of the general maintenance and checkup.

Don’t have a reference but remember reading this – if the tenants dispute the refund and wins, the case is reported/cited on the landlords credit report. Not sure how prevalent it is, but the hassle of going to court is not worth my time.

You might already know this, security deposit should be returned within 21 days and CA requires an itemized cost report along with receipts for any deductions > $100. Finally in case the landlord completes any work on their own, the cost must be calculated for reasonable hours with nominal/minimum hourly rates.

[UCGal]

It sounds like the landlord is pushing the limits.

Here’s a discussion of what is normal wear and tear:

http://articles.latimes.com/2010/may/09/business/fi-la-rent-20100509

[EconProf]

Clearly, the landlord cannot automatically charge you for painting just because they automatically do it for each incoming tenant, however admirable that policy may be for new tenants. They can only charge for above-normal wear and tear, so if you left the walls with normal usage, you are entitled to no charges for painting.
That said, the key to happy tenant departures is whether the landlord insisted upon the beginning of the tenancy for a list of deficiencies upon moving in. That should come 1 – 2 weeks after move-in, so the tenant has a chance to note everything. I usually have to prod my newbies to provide it, but it comes in handy upon move-out to end arguments about pre-existing damage.

[kev374]

well, when I move out I would like to get the inspection done and discuss any expenses right then and there so we can dispute the condition of it as we are looking at the issue.

What I am concerned about is that after the inspection is done they come back later and say “oh, X needed to be replaced so it’s $XXX”, then it’s just a “he said, she said” situation! I could take pictures but who is to say when those were taken etc. I doubt they would hold up in court.

I think it’s fair that if it’s not picked up during the *MOVE OUT* inspection then too bad for the landlord, just like if I do not pick up something in the *MOVE IN* inspection then the landlord can say I damaged it.

[Author]

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