You can keep the unpaid rent, and the money you spend to repair excessive damage (labor + materials). Don't forget to pay yourself for your labor if you do the work yourself.
Take lots of pictures of the damage. Also, pictures of how the place looked when you rented it to him would be extremely helpful. You get to charge him for cleaning the place, & for excessive damage, but not for normal wear & tear. For example, some small picture holes are reasonable, 19 big holes per wall is not. You can only charge for the unreasonable holes; not all of them. (List the total number of holes, then list how many you're charging for.) You can charge for painting only if you wouldn't have had to paint without the damage. You can't charge for annoying the neighbors.
Make sure you thoroughly inspect everything. My guess is there's damage to your place and possessions you haven't notice yet. You'll find it during the cleaning.
I've pasted the relevant law below.
Good luck,
Tracey
§ 55-248.11
Security deposits
A. A landlord may not demand or receive security, however denominated, in an amount or value in excess of two months' periodic rent. Upon termination of the tenancy, such security, whether it is property or money, plus any accrued interest thereon, held by the landlord as security as hereinafter provided may be applied solely by the landlord (i) to the payment of accrued rent and the reasonable charges for late payment of rent specified in the written agreement; (ii) to the payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with § 55-248.16, less reasonable wear and tear excepted; or (iii) to other damages or charges as provided in the rental agreement. The security, any accrued interest and any deductions, damages and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due the tenant within thirty days after termination of the tenancy and delivery of possession. Nothing in this section shall be construed by a court of law or otherwise as entitling the tenant, upon the termination of the tenancy, to an immediate credit against the tenant's delinquent rent account in the amount of the security deposit. The landlord shall apply the security deposit in accordance with this section within the thirty-day time period.
The landlord shall notify the tenant in writing of any deductions to be made from the tenant's security deposit during the course of the tenancy. Such notification shall be made within thirty days of the date of the determination of the deduction and shall itemize the reasons in the same manner as provided in subsection B. Such notification shall not be required for deductions made less than thirty days prior to the termination of the agreement. If the landlord willfully fails to comply with this section or if the landlord fails to return any security and interest required to be paid to the tenant under this chapter, the tenant may recover such security due him together with actual damages and reasonable attorney's fees. This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter. The holder of the landlord's interest in the premises at the time of the termination of the tenancy, regardless of how the interest is acquired or transferred, is bound by this section and shall be required to return any security received by the original landlord and any accrued interest that is duly owed to the tenant, whether or not such security is transferred with the landlord's interest by law or equity, regardless of any contractual agreements between the original landlord and his successors in interest.
C. Upon request by the landlord to a tenant to vacate, or within five days after receipt of notice by the landlord of the tenant's intent to vacate, the landlord shall make reasonable efforts to advise the tenant of the tenant's right to be present at the landlord's inspection of the dwelling unit for the purpose of determining the amount of security deposit to be returned. If the tenant desires to be present when the landlord makes the inspection, he shall so advise the landlord in writing who, in turn, shall notify the tenant of the time and date of the inspection, which must be made within seventy-two hours of termination of occupancy. Upon completion of the inspection attended by the tenant, the landlord shall furnish the tenant with an itemized list of damages to the dwelling unit known to exist at the time of the inspection.
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§ 55-248.16
Tenant to maintain dwelling unit
A. In addition to the provisions of the rental agreement, the tenant shall:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
3. Remove from his dwelling unit all ashes, garbage, rubbish and other waste in a clean and safe manner and in the appropriate receptacles provided by the landlord pursuant to § 55-248.13, if such disposal is on the premises;
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
5. Use in a reasonable manner all utilities and all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so whether known by the tenant or not;
7. Not remove or tamper with a properly functioning smoke detector, including removing any working batteries, so as to render the smoke detector inoperative;
8. Conduct himself, and require other persons on the premises with his consent whether known by the tenant or not to conduct themselves, in a manner that will not disturb his neighbors' peaceful enjoyment of the premises; and
9. Abide by all reasonable rules and regulations imposed by the landlord pursuant to § 55-248.17 of this chapter.
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§ 55-248.17
Rules and regulations
(a) A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenants' use and occupancy of the premises. Any such rule or regulation is enforceable against the tenant only if:
(1) Its purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities held out for the tenants generally;
(2) It is reasonably related to the purpose for which it is adopted;
(3) It applies to all tenants in the premises in a fair manner;
(4) It is sufficiently explicit in its prohibition, direction or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply;
(5) It is not for the purpose of evading the obligations of the landlord; and
(6) The tenant has notice of it at the time he enters into the rental agreement or when it is adopted.
(b) A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption is given to the tenant and it does not work a substantial modification of his bargain. If a rule or regulation is adopted after the tenant enters into the rental agreement that does work a substantial modification of his bargain, it is not valid unless the tenant consents to it in writing.
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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
[This message has been edited by Tracey (edited May 09, 2000).]
