Q: We moved out of our rental after three years, left the place clean and gave the landlord our new address. Almost a month later, he mailed us a fraction of our deposit, with the rest deducted for “repainting and cleaning.” The paint showed only normal fading, and we cleaned before we left. Can he keep our money for that, and what can we do? — Theresa
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A: Your security deposit remains your money, even after you hand it over to the landlord. The landlord is only holding it and may keep part or all of it for a limited set of reasons, mainly actual damage to the property.
A landlord cannot charge you for ordinary wear and tear, which is the gradual aging that happens in any home simply from living in it.
This distinction is where most of these disagreements stem from.
Paint that has faded over three years, carpet worn thin in the walkways, and small nail holes from hanging pictures are all normal wear and tear, and the cost of addressing them is part of being a landlord.
Genuine damage is another matter, and things like large holes in the wall, broken tiles, a ruined carpet, or filth well beyond normal use may fairly be charged against your deposit.
Based on what you describe, routine fading and ordinary cleaning are not chargeable, and your landlord should not have kept your money for them.
Every state requires the landlord to account for the deposit within a set time after you move out, either by returning it in full or by sending you a written, itemized list of what is being kept and why. The exact deadline and the penalty for missing it are set by the law of the state where you rent, and they commonly fall between two weeks and a month.
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Confirm this by reading the landlord-tenant statute in your jurisdiction, because in most cases a landlord who misses the deadline or fails to send a proper itemized notice loses the right to keep the deposit, no matter how much damage there was.
After you read the landlord-tenant statute to understand how this all works, you should submit your objection in writing, stating that the charges were for ordinary wear and tear and requesting the balance you are owed.
If you have them, point to your dated move-out photographs, because in my experience these disagreements are usually resolved quickly once the landlord sees that the tenant has a clear record.
If the landlord still refuses, small claims court is designed for exactly this kind of dispute, and you can use it without hiring a lawyer. If you don’t feel comfortable taking this to court yourself, there are many lawyers out there who practice in this area and will handle a case like this at a very reasonable price.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at [email protected], or go to SunSentinel.com/askpro.
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