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Home > Law > Real Estate Law   »   Can I deduct these from Security Deposit?

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Old Nov 3, 2009, 01:24 PM
highdesert
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Can I deduct these from Security Deposit?

I am a first time landlord. I became a landlord because I could not sell the house due to the economy. I have a 4-year old house in Michigan and rented to a family for 16 months. They just moved out the end of Oct.

Overall, they took good care of the house. But I noticed two things after they moved out.

1. They did not fill in holes where paintings and pictures hung. Can I deduct an amount from their security deposit? How much should I deduct per hole?

2. Their kids's hands touched/held on to the wall when walking up and down stairs and left fingerprints on the wall. They tried to wash the wall but the inexpensive paint wasn't interested in being cleaned. The wall looks dirty. The dirty area is also a part of a much bigger wall and I might have to have someone paint the whole wall up to the two-story ceiling for the color to match. Can I deduct an amount from their security deposit? How much should I deduct?

Also they have not paid the water bill because the city only reads the water meter every quarter. The next read is early Dec. The water bill is under the name "resident" so I cannot just forward the bill to them. Can I keep $400 from the security deposit to pay the water bill when it comes and send them the difference after I know the exact amount?

Thanks so much for your help.

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Old Nov 3, 2009, 01:33 PM   #2  
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What type of lease did you have with the, was it one bought at a stationary store or custom drawn up? The walls and holes are normal wear and tear, no deduction for that. You are supposed to have the water metter read and cut off when someone moves out. Have it read now, tell the city a new tenant is not in place and the bill must be paid. You can not keep security money for many things but states all have their own laws. Google your states name with the words tenant security deposit to see what is allow where you live. BTW like the water you should have the gas and electric read and closed out.
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Old Nov 3, 2009, 01:54 PM   #3  
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The lease I have is drawn by that family's relocation company. It is just two-page and very general. I'll follow your advice to have all the meters read.

One more question about the wall, is it still considered normal wear and tear even if it was caused by "washing" the wall? Is it normal for a tenant to wash the wall?

Thanks for your help.
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