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Updated about 7 years ago,
Lawful Deduction on Tenant Security Deposit
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