Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 7 years ago on . Most recent reply

User Stats

6
Posts
2
Votes
Elaine Chua
  • Rental Property Investor
  • Minneapolis, MN
2
Votes |
6
Posts

Lawful Deduction on Tenant Security Deposit

Elaine Chua
  • Rental Property Investor
  • Minneapolis, MN
Posted

I have inquiring when it is lawful to deduct the security deposit from a tenant?

Our tenant had decided to terminate her lease with 5 months left to fulfil. She gave us 30 days notice due to last minute work relocation. We have agreed to release her from the contract but have informed her that the security deposit will be deducted for Marketing Costs of finding new tenants and also any loss of rent until we have found a new tenant.  When she moved out, there was a huge mess made on the home, (Trash, carpet was left extremely dirty, messy toilets,  dirt and animal fur all over the place and strong smell of cats including evidence of cat claws on the carpet steps. The tenant had paid for the house and carpet cleaning however a 2nd round of cleaning is required due to heavy debris.

My question would be, is it legal for me to deduct her security deposit for the replacement of carpet? I fully understand there is normal wear and tear on carpet (this carpet has been used for more than 6 years), but due to the strong smells of cats and carpet stain, we have no choice but to replace it.  We would have been glad to continue using this carpet after cleaning under normal circumstances but not in this case. 

My 2nd question is, is there is a  limit we can charge on loss of rent? We currently have 1 month rent + pet deposit in our procession. 

Thanks

Loading replies...