The pergo floor in my rental was damaged. Can I keep their $500 security and $500 pet deposit?

Question

The flooring looks like it has been sanded but I think it is from not ever sweeping and walking around with dirt and possibly kitty litter scattered. Also there is very bad scratches from moving furniture and a bed placed on floor without using a pad under. The house was filthy and found cigarette buds in air vent when it says in lease no smoking. Am i justified in keeping both of these deposits? I did take pictures for the record...

Answer 1

I would say you could  keep the security if the wear was above and beyond normal wear . how long was the flooring down ? has it been 5 years or just  1 year ? big difference  in the amount of wear .  also if the home was left filthy   you should be able to charge to clean the place up  . Tenants are meant to leave the residence clean , not spotless but clean  . also the landlord is required to maintain the residence , IE painting the walls ,, new carpet after a certain period of time , i am sure each state has their own rules and regs  . I feel that rentals should have very durable flooring and carpeting as many tentants don't treat the residence very well.

Answer 2

h**l yes you are justified! That deposit is for cleaning/repairs after tenants move out. Since they left it such a disgusting mess, I'm sure they aren't even expecting their deposit back anyways. Good luck!

Answer 3

Legally, you can't keep anything without knowing how much the repairs will be. Get some estimates and then send them proof. If the estimates are, let's say $750, you owe the $250 back.  If you don't do this legally, they will sue YOU.

Answer 4

Count costs equal to infractions and keep an appropriate amount of money. If you do the work yourself you can charge as much for labor as a professional, and that will most likely bring you to a grand. But if it doesn't tally that much, then the answer is no, you can't -legally- tell your tenants, "you broke part of our agreement so I'm keepin yo moneys." I'm not recommending you be a slumlord, but in a practical sense the law doesn't really matter. You already have the money, if you just keep it and give them your reasons why they are sh*t out of luck, since the kinds of people that toss cigarette butts in the air vents and walk around on kitty litter generally don't have lawyers.

But don't tell them you're keepin their cash while they're still in the place. One of the fun benefits of being broke and Judgment Proof is you get to kick holes in walls.

Answer 5

Of course you are.  It is going to cost you more than 1,000 to replace that floor.  

Answer 6

yes, you are but they may get pissy and claim normal "wear and tear", which clearly it is not.  just itemize the extra cleaning needed to deal with each of their transgressions.