Q: Can a landlord keep the security deposit for normal wear/tear and neglect on their and property management's part?
Landlord said they need to repaint (after telling us not to touch up paint) what was noted as normal wear & tear on the move out inspection...said there was a leak in a bathroom when there were no signs of a leak during the move out inspection (likely caused by frozen pipes)...said they need to replace a toilet because the tank broke due to the water in the tank freezing and expanding. The pipes & the water in the toilet tank froze because the HVAC went out in the home during below freezing weather causing there to be no heat in the home for several days. Maintenance was notified but did not come to look until two days after it was reported then stated the HVAC & water heater needed to be replaced. The landlord was aware of the HVAC and frozen/busted pipes issues but wanted the property management to do a move out inspection. After we disputed, landlord said charges were $14K (no proof sent), didn't want to charge us that, we asked for mediation & management never responded back.
A:
In most regions, landlords cannot deduct from your security deposit for normal wear and tear. Repainting walls after a standard rental period typically falls under this category. However, they can charge for damages that go beyond normal wear and tear. The distinction between these two can be somewhat subjective, but generally, wear and tear refers to natural deterioration that occurs from ordinary use, while damage is a result of negligence, misuse, or abuse by the tenant.
In the case you described, if the damage to the property was due to neglect on the part of the landlord or the property management, especially regarding the HVAC and plumbing issues that were reported but not promptly addressed, it would not typically be appropriate for the landlord to deduct the costs from your security deposit. It's essential that communication about such issues is documented, including reports of necessary repairs and any responses received.
If you disagree with the landlord's assessment, it's good that you've asked for mediation, which can be an effective way to resolve such disputes. If mediation is ignored or refused, you might consider further actions, such as contacting a local tenant's rights organization for guidance or seeking legal advice. Small claims court is another option if the amount in dispute is within its limits. Remember, keeping detailed records of all communications, reports of problems, and attempts to resolve the issues will be critical if this dispute progresses.
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