Reasonable Wear & Tear - Security Deposit - Landlord Forum thread 360393

Reasonable Wear & Tear - Security Deposit by Kenyatta on April 3, 2020 @13:30

I have a 2BR, 1 BA rental house in Fells Point in Baltimore City, Maryland My most recent tenant moved out on March 31st after a one-year lease, which I opted not to renew. She left the place a mess that includes filthy carpet stairs, which I will have to have cleaned, bulk items, clothing and furniture that I had to pay to have removed and upon inspection of the refrigerator, the door gasket is 3/4 of the way off. In addition she left used tissues on the floors of the master bedroom and 2nd floor bedroom, which in the age of Covid-19 is unacceptable. I plan to charge against her security deposit for the trash removal but my question is about the stairs and the refrigerator. To be fair the carpet on the stairs is seven years old, but there is dirt, dustbunnies and some candy ground into the carpet as if she never swept or vacuumed over the past year.

The refrigerator is 5 years old and in addition to the gasket being off, she left food, and several hard-to clean spills in there. Given the age of both, am I able to charge her for the carpet cleaning($155.00 for 2 flights) and refrigerator repair ($350.00 part & labor) or do I have to chalk it up to wear and tear due to age? I have pre move-in photos and post move-out photos as back-up. This may seem like a foolish question but I've been an LL for eleven years and have never had to withhold a security deposit.

Thanks!

[ Reply ] [ Return to forum ]

Re: Reasonable Wear & Tear - Security Deposit by Robert on April 3, 2020 @13:49	[ Reply ]

In general you cannot charge for reasonable wear and tear. I think the charges you list are quite reasonable. You could not charge for new carpet but cleaning it is reasonable. My leases require the tenant to pay for profession carpet cleaning and give me a copy of the receipt.

Re: Reasonable Wear & Tear - Security Deposit by lpadave on April 4, 2020 @20:07	[ Reply ]

There's a landlord joke about why the carpet had to be replaced.........because the last time it was vacuumed was when the landlord did the turnover makeready. A one year tenancy is short. Particularly with you the LL choosing to not extend. A five year old fridge, is an old appliance. 350 to clean and re attach or replace the Door gasket is excessive on a five year old rental apt fridge that's probably only worth 100 or. 150. If the carpet was cleaned prior to her move in, give it a good vacciumme and see what you really have there. Reasonable carpet cleaning charge if the carpets were cleaned prior to move in would probably fly,...but be gentile and be prepared to defend a seven year old carpet. Expected carpet life is five years. Judges love to use the term .....tenant residue....... General sweep out and cleaning is part of your turnover overhead.

Re: Reasonable Wear & Tear - Security Deposit by Alan on April 17, 2020 @05:08	[ Reply ]

I believe your deductions are reasonable and acceptable in any court. Also contrary to another poster, a 5 year old fridge is not an old fridge by any means. I personally have 3 refrigerators that are 25 years old, and still in good working condition without ever needing any maintenance. NORMAL wear and tear on a fridge would be the compressor and cooling mechanisms wearing out and handles and hinges getting loose. While the hinges getting loose could cause a gasket to fail, your tenant has the obligation of informing you of the hinges becoming loose and allowing you to come in and tighten them up prior to the gasket going bad, not telling you is your tenants negligence and they have to pay for their negligence. However i guarantee you that unless the tenant was abusing the fridge those hinges will not come loose on what was a 4yr old fridge when the tenant first entered the apartment. Also if you go in and the hinges are not loose it was definitely tenant negligence or abuse that caused that gasket to come off. So feel free to charge that against the deposit.

Re: Reasonable Wear & Tear - Security Deposit

Re: Reasonable Wear & Tear - Security Deposit by Daniel (CA) on April 17, 2020 @15:58	[ Reply ]

watch Judge Judy & Peoples Court for 1 week and pay attention to the LL/tenant cases. They usually follow what most judges would do.