What Repairs are Chargeable Against a Tenant’s Security Deposit

What Repairs are Chargeable Against a Tenant’s Security Deposit?One question I receive frequently, and one which comes up fairly frequently in litigation, is what charges can be made against a tenant’s security deposit. While a comprehensive list is impossible to compile, the following are some fairly reliable guidelines I have developed over the years.

CleaningThe Michigan Landlord Tenant Relationships Act allows a landlord to make deductions from a security deposit for “damages” caused by the tenant. A dirty apartment IS NOT a damaged apartment. A landlord cannot deduct any charges for cleaning an apartment from the security deposit, even if the landlord has to use rakes and shovels to remove the filth. If the landlord wishes to charge the tenant for cleaning, the landlord should charge the tenant a nonrefundable cleaning FEE prior to the tenant moving in.

Ordinary Wear and TearThe following items are likely to be considered ordinary wear and tear by a court and thus not generally deductible from a security deposit:Sun-faded curtainsWater-stained or slightly nicked linoleumMinor marks or nicks in the walls (including a reasonable number of nail holes)Moderate dirt or spotting on the carpet or thin spots in high traffic areasFaded/peeling paintWarped doors/cabinetsRust stains on old porcelain fixturesOne or two broken slats on mini-blinds

Damage/Excessive WearThe following items are usually not ordinary wear and tear and are generally deductible from a security deposit.Cigarette burns in curtains or carpetbroken ceramic tilesHoles in the wall requiring more than spackle to repairDoors off the hinges/broken drawersRips in the carpetUrine stains from pets.Broken refrigerator shelfMissing mini-blindsCracked or missing fixturesInoperable appliancesMissing knobs/door setsBroken windowsBear in mind that the length of time the tenant has been your tenant will affect the determination of whether an item is considered damage or ordinary wear and tear. A tenant that has been in residence for 10 years will be given significantly more leeway by a court than a tenant who moved out after only six months.

Finally, bear in mind that it is the landlord’s burden to convince the court that the tenant should pay. The landlord should always use commencement and termination checklists, should keep detailed repair records, and should document damage with photographs whenever possible. With proper documentation, a landlord will be granted a judgment for damages over and above normal wear and tear.