Security Deposit handling - Landlord Forum thread 354286

Security Deposit handling by Linda (GA) on September 18, 2017 @21:47

Hi,

I am in need of advice on how to handle the return of the security deposit from my rental home in GA. My tenants lease was to expire on 9/30/17. Due to a tree falling on the house and damaging the ceiling to a dining room and garage, the tenants had to move out. I did refund the rent from 9/11-9/30. Now the question of how to handle the SD. I received a text from the tenant earlier today and they said they did minimal cleaning,due to no power. etc. Which is fine. But I did notice that in the kitchen they stripped all the wallpaper and border off the walls and there are excessive nails in many of the walls throughout the home. Can I deduct this from the SD? Lease says that they can not do any modifications, etc. to the house without permission. I was prepared to return the deposit, but now I will have to go in an re-wallpaper the kitchen and remove and repair all the nails and patch the walls.

TYIA

[ Reply ] [ Return to forum ]

Re: Security Deposit handling by Anonymous on September 19, 2017 @00:06	[ Reply ]

I assume they moved out on 9/11, which means you have until 10/11/17 to tell them about how you used their deposit. It's nice that you decided to not charge them for the cleaning, due to the circumstances involved. But since they knew about the wall paper when they moved in, and did not ask your permission to remove it, then, yes, you should charge them for putting back new wall paper. Excessive nail holes are a matter of opinion. You wanted them to live like you would, didn't you, by hanging lots of pictures on many walls? You wanted them to feel "at home" in your rental, which hopefully lead them to be long term tenants for you. Whether there were 5 holes per wall, or 25, it won't take you all that much longer to patch all of them, and repaint again. Either don't charge them for any repainting at all, or pick the worst room with the most holes, and just charge them for repainting that room only.

Re: Security Deposit handling by Carla (Ca) on September 19, 2017 @01:08	[ Reply ]

So what is the depreciated value of the wallpaper. You cannot claim full value to replace, but must depreciate the cost of the old wallpaper if it has any value at all. What is your basis for excessive nail holes? How do you prove excessive holes? What point does an amount of nail holes become excessive? Under the circumstances, you are better off to return the full security deposit. Trying to get a few dollars from a tenant who was forced to move out would not look good in front of a judge.

Re: Security Deposit handling

Re: Security Deposit handling by Anonymous on September 19, 2017 @10:02	[ Reply ]

Trying to penny pinch your tenant on the way out may come back to haunt you. You do realize that you are in violation of your own lease for failure to maintain a habitable rental premise? Georgia law puts all repairs issues on the landlord. If the rental premise is not habitable, the tenants can file suit against you for a constructive eviction. Best to return all of the deposit and move on to repairing your rental and finding a new tenant quickly. Looking for a few dollars could cost you thousands! I would like to hear you explain to the judge why the tenants should pay you for old dated wallpaper and some nail holes, while you are in default of the lease for failing to maintain a habitable rental home as required by law?