What are my rights as a landlord for reimbursement for out-of-pocket costs not covered by a security deposit?
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What are my rights as a landlord for reimbursement for out-of-pocket costs not covered by a security deposit?
My tenants have been renting from me for 12 years. They notified me that they were moving 12/19/10. I said that would be fine, but that they would owe me rent for the 19 days in December. They did not pay it; they said to take it out of their security deposit which was $605 paid 12 years ago. I did a walk-through and the place was filthy and had various items broken that I have to replace. I was being nice not to charge them for a whole months rent, but now they left me with no rent and an apartment that is unfit to be rented for 60 days because of all the work.
Asked on January 17, 2011 under Real Estate Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Live and learn. The general rule is that landlords are entitled to charge tenants for repair work, etc., that over and above the normal wear and tear in the condition of the apartment that they vacated. Some states allow you to keep the security for rent that was not paid as well and some states require that you sue the tenant for back rent and to use the security only for damages done to the apartment. Here it seems that you will have a case against them for both rent and for damages above the normal wear and tear. The apartment was not left "broom clean" as is another of the general standards used, correct? Take pictures of the apartment before you do any work so that you have proof. Good luck.
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