Damage and Security deposit - Landlord Forum thread

Damage and Security deposit by Anonymous (NC) on July 11, 2012 @09:52

Had our first tenant, made bad decision and move in/out forms were not completed. Tenant has already agreed to pay for carpet cleaning (due to agreement to early lease termination) and pet damages. However, upon inspection, the exterior of the house has been sprayed with Silly Spray. This is now essentially baked on the exterior. You can see where the tenant made an attempt to remove but this will require pressure washing and therefore, new paint. It is in multiple spots. The remaining security deposit will not cover the cost. We actually are not going to fix right now as we will paint the house when my in laws move in next year. We have a new tenant in the house now. I would like to know if I can still charge some amount for this damage? I do want to bother w/ bringing them to court but don't feel they should receive any of the security deposit back. My understanding is that I need to have a receipt in order to deduct damages. Any idea?

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Re: Damage and Security deposit by Bryan (Ia) on July 11, 2012 @10:05	[ Reply ]

It is generally frowned upon by the courts to claim something as damage and then not repair it. If it is good enough for now, then it is good enough. So, if you are going to charge for it; fix it.

Re: Damage and Security deposit

Re: Damage and Security deposit by Jake on July 11, 2012 @10:07	[ Reply ]

It would seem that you could not win this one in court. You can not charge off a paint job for an older house that already needs painting. The whole house will need washing as part of the preparation for painting. The paint did not interfere with renting the house. Wash it next year and repaint when the laws move in. Either let it go or take it to court.