Do I Owe the Tenant Their Security Deposit Back

**unluckyll** · 01-06-2010, 09:39 AM

My question involves a security deposit in the State of: Pa
Hi I have a question about a tenant that moved out . My tenant was there 2.5 years with out much trouble except late rent . My tenant informed me on Nov 14 , when paying his Nov rent that was due on the first that he was moving out by the end of the month . Much to my surprise because we had a verbal agreement that he not move during the winter months. Well that's where the problems began. He was not out by the end of Nov but instead moved out Dec 4 . He left me with his unpaid water and sewage bills that i paid , as well as a ton of trash , plus he painted a room purple . He was told that he could paint only approved neutral colors. The down stairs carpeting also had to be cleaned as he left them a mess. I sent him a letter 2 weeks after he was out explaining why i did not return his deposit . He had the nerve to call me angry and leave a nasty message on my voicemail. I am confused here is a break down
500.00 security deposit . Rent is 495.00 and i feel he owes me some for the month of December , plus 94.00 for unpaid utilities , 65.00 for late rent , 100.00 for carpet cleaning , 75.00 for paint supplies and 50.00 to haul away his trash. 25.00 to replace a broken light fixture. He also was required to give me 30 days notice not 15. I sent a letter explaining all this . Now I have a feeling it's gonna end up in court. Should i return a deposit i don't feel they deserve to get back? I was willing to just cut my losses and leave it at that . Now I'm just confused.

**Mr. Knowitall** · 01-07-2010, 06:56 PM

If you want to refund him the entire deposit because you don't want to risk being taken to court, it's within your discretion to do so. If we take you at your word, though, he won't be getting all of his deposit back if he sues you. I assume you were careful to fully comply with your state's security deposit laws.

**KeyWestDan** · 01-07-2010, 08:20 PM

If you have properly documented these issues and also have before and after pictures and ideally pictures of the unit before the tenanet moved in, then you would win any civil action. I would not return the deposit. Those costs are legitimate to deduct from the deposit. The only thing that there could be an argument about without a lease, is the late charge.

Where I live you couldn't even rent a small sleeping room for $495 a month.