Difficulty: Easy

Average Score: 100%

Which of the following may the landlord NOT deduct from a tenant's security deposit?

Rationale

Cost of repairs for reasonable wear and tear.

Landlords are typically prohibited from deducting costs associated with reasonable wear and tear from a tenant's security deposit, as these costs are considered part of normal usage of the property. Instead, deductions should only reflect damages that exceed normal wear and tear or other specific breaches of the lease agreement.

A (Unpaid rent.) YOUR ANSWER

Landlords are legally allowed to deduct unpaid rent from a tenant's security deposit. If a tenant fails to pay rent during their lease term, this amount can be subtracted from the security deposit as it is a legitimate claim against the tenant for owed funds.

C (Cost of repairing damage by pets.) YOUR ANSWER

If a tenant's pet causes damage to the property, the landlord can deduct the cost of repairs from the security deposit. This is justified as it directly relates to the tenant's responsibility for any harm caused by their pets, which exceeds normal wear and tear.

D (Cost of removing tenant's trash.) YOUR ANSWER

Landlords may also deduct the cost of removing a tenant's trash from the security deposit. This is applicable if the tenant leaves behind excessive waste that requires additional cleaning or disposal services, thus violating the terms of the lease agreement regarding property upkeep.

Conclusion

Understanding the limitations on what can be deducted from a security deposit is crucial for both landlords and tenants. While landlords can rightfully deduct costs related to unpaid rent, pet damage, and trash removal, they cannot charge for reasonable wear and tear, recognizing that such costs are part of normal property maintenance. This distinction helps protect tenants from unfair charges while ensuring landlords can recover legitimate losses.

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