Demanding Tenants Want All Their Security Deposit Back
By Robert Griswold, Steven R. Kellman and James McKinley
Saturday, August 11, 2007; Page T13
Q: I am a landlord and have a question about the return of our tenants’ security deposit. We had the same tenants for more than six years, and they recently renewed a two-year lease. However, six months into this lease, they bought a home. They notified us of their intent to vacate, and we found a tenant to take possession within 30 days. Between the time our old tenants left and our new tenants moved in, we repainted the home and installed new carpets.
Over the years, the old tenants had three children and acquired five dogs. The house was very dirty, and the dogs had urinated all over the original carpets. I returned their security deposit minus the half-month’s rent for the 15 days of their last month, for which they didn’t pay. We did not deduct any damage or cleaning fees, which we could have. Now these tenants are insisting that we return the entire security deposit because it’s not their fault that we had to paint and put new rugs down — that’s “average wear and tear.” Also, they claim that we should have had the property rented in less than two weeks. Am I crazy, or are they being totally unreasonable?
A: James McKinley, a lawyer for landlords, replies:
You are not crazy, at least not in your opinion that your former tenants are being totally unreasonable.
A tenant who breaks a lease is responsible for rent until the lease expires or the landlord finds a new tenant, whichever comes first. Your former tenants were lucky that you found a new tenant so quickly.
A security deposit can be used to remedy defaults in rent payments, to pay for cleaning and to repair damages in excess of ordinary wear and tear. In addition to applying the security deposit to the unpaid before your new tenant moved in, you could have charged your former tenants for cleaning and for repairing the damage they caused.
Your former tenants may try to take you to small-claims court to recover the rest of their security deposit, but based on these facts, they have no valid claim.
Q: I rent an older house in which the storm windows are missing and most of the outside windows are cracked or broken, letting in a lot of cold air. What obligation does the landlord have to fix the leaks around the windows? I try to keep my thermostat down even though it gets pretty chilly from the wind blowing in. I live in Oklahoma, ” where the wind comes sweepin’ down the plain” most of the time.
A: Steven Kellman, a lawyer for tenants, replies:
Your question illustrates the importance of knowing the landlord-tenant laws specific to your rental unit and why it is important to consult with an experienced lawyer in your area. A quick review of the law in Oklahoma — and this is also true in some other states — indicates that the relevant landlord-tenant statutes are general regarding maintenance. The landlord simply needs to make all repairs and do whatever is necessary to put and keep the tenant’s dwelling unit and premises in a fit and habitable condition. Because the law in your state seems to go no further, one must wonder if having broken windows that allow cold wind to blow into the house violates the law. A common-sense evaluation would conclude that it does.
However, in many other states, the laws are much more specific and leave less to chance in determining what is acceptable and what is substandard. In those places, you could rely on a specific law that covers your situation. For example, in California the landlord must maintain the dwelling with “effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.” Therefore, broken windows that allow in the wind violate that law.
If you have broken windows, no matter where you live, notify your landlord in writing and request repairs. If the landlord refuses to make the repairs, you need to act. In some jurisdictions, you may repair the windows yourself and than claim reimbursement from the landlord or deduct the cost from the rent. Before taking any such action, seek legal advice to protect your rights and avoid eviction.
This column on issues confronting tenants and landlords is written by property manager Robert Griswold and San Diego lawyers Steven R. Kellman, director of the Tenants Legal Center, and James McKinley, member of the Moffitt & Associates law firm, which represents landlords. E-mail your questions to Griswold atrgriswold.inman@ retodayradio.com. Questions should be brief and cannot be answered individually.
©2007 Inman News Features
Distributed by Inman News Features
