NULL

What are my rights as a landlord for reimbursement for out-of-pocket costs not covered by a security deposit?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption