can i keep my tenants deposit?

[pharcyder]

What is the name of your state (only U.S. law)? California.

I have a tenant who has been with me for 7 years. He is moving. There are marks, nicks, nail holes from pictures in the walls. The apartment needs a paint job. because of the length of his residency, can I take the new paint job out of his deposit?

 

[CourtClerk]

Every apartment probably needs new paint after 7 years. Return his deposit.

 

[justalayman]

and please limit all your questions concerning the overall issue to one thread.

 

[Justifer]

Yes, I would, along with fixing the other damages (marks, nicks, nail holes). Takes pictures before fixing and after pictures of work done. Keep itemize items with receipts.

 

[Searchertwin]

Every apartment probably needs new paint after 7 years. Return his deposit.

OP, return the amount of deposit AFTER you take away from other damages that you cited. You don't owe him the full amount as stated.

 

[Who's Liable?]

Yes, I would, along with fixing the other damages (marks, nicks, nail holes). Takes pictures before fixing and after pictures of work done. Keep itemize items with receipts.

A judge would rule against the OP should the tenant sue for this portion withheld. 7 years is the lifespan of the existing paint.

 

[pbminor]

You might want to get a Tenant/Landlord handbook from your local HUD office (link to the online handbook http://www.dca.ca.gov/publications/landlordbook/index.shtml ). As a landlord, you should know these rules already to protect yourself.
I don't believe you can charge for any normal wear and tear. For instance, if they live there more than 6 months, you cannot charge for carpet cleaning (not completely sure of time length, check this). I know there are rules like you have to keep a detailed list of how the deposit money was spent and provide this to the tenant, along with any remaining deposit.

 

[ecmst12]

Everything you listed is wear and tear, NOT damage. You can't keep the deposit for those things. If there were large gouges in the walls, that would be damage, small nailholes are not. And if he was a good tenant for 7 years, why would you want to exhibit such bad faith by trying to keep his deposit for improper reasons? It's not his job to pay for you to maintain your building.

 

[justalayman]

A judge would rule against the OP should the tenant sue for this portion withheld. 7 years is the lifespan of the existing paint.

but the holes are another issue.

the paint and painting is not chargeable, as you said, due to the age of the existing paint but OP can charge to repair holes, nicks, and dents.

 

[justalayman]

Everything you listed is wear and tear, NOT damage. You can't keep the deposit for those things. If there were large gouges in the walls, that would be damage, small nailholes are not. And if he was a good tenant for 7 years, why would you want to exhibit such bad faith by trying to keep his deposit for improper reasons? It's not his job to pay for you to maintain your building.

I totally disagree. A hole is a hole is a hole. Unless permission was given to make the hole and the OP stated there would be no charges for the damage, it is chargeable damage. There is no such thing as a hole in a wall caused by wear and tear.

 

[Gail in Georgia]

OP, are we talking small nail holes here or large holes in the walls?

You've had a tenant for 7 years (and, I'm assuming they have paid their rent faithfully all this time). Who wouldn't want a tenant for 7 years? How much have they paid you in rent for all these years? Any you're thinking of arguing over some nail holes in the wall from pictures?

Gail

 

[Who's Liable?]

but the holes are another issue.

the paint and painting is not chargeable, as you said, due to the age of the existing paint but OP can charge to repair holes, nicks, and dents.

Yes, you are correct regarding holes. Nicks and dents MAY fall under normal wear and tear to which the depreciated value would most likely come into affect.

 

[Searchertwin]

Yes, you are correct regarding holes. Nicks and dents MAY fall under normal wear and tear to which the depreciated value would most likely come into affect.

No, dents and nicks will not come under normal wear and tear. This is damage anyway you look at it.
You might as well include the holes in this theory of yours.
And depreciated comes into this, how? Please explain and cite law.

 

[ENASNI]

um ... no

What is the name of your state (only U.S. law)? California.

I have a tenant who has been with me for 7 years. He is moving. There are marks, nicks, nail holes from pictures in the walls. The apartment needs a paint job. because of the length of his residency, can I take the new paint job out of his deposit?

no you cannot