Can I deduct from the security deposit?

[rosecali]

I have a rental home in California and my tenant moved out. While walking through the home, I found that there are some walls that are dirty (looks like hand smudge marks). The walls were clean before she moved in so we will be re-painting the rooms with dirty walls before the new tenant moves in. I also noticed that the grass is not nearly as green as when she moved in. I think she has not been watering the grass consistently (and it is clearly stated in the lease that she is to keep the grass watered).

My question is: Can I deduct the painting fees from her security deposit? Or is this considered "normal wear and tear"? She lived in the home for about 1.5 years. Also, can I deduct for the condition of the grass also? We will try to fertilize and hope it grows back green, but otherwise we might have to re-seed or sod the yard.

 

[Gail_in_Georgia]

Keeping in mind that you live in one of the most tenant friendly (legal wise) states in the union, hand smudges are not damage; they fall under the category of normal wear and tear. It may not even be necessary to repaint, a good cleaning agent should remove them without damaging the paint underneath.

Same with the grass; grass that is not dead but simply "less green" is not damage to the lawn. A couple of days of good watering should improve things considerably.

Gail

 

[rosecali]

Thanks! I wasn't looking forward to painting anyway

 

[mightymoose]

I agree... a good cleaning is likely all that is necessary, however you can certainly deduct a reasonable amount for the time put into that.
Your argument over the grass will go nowhere and will increase the likelihood of the tenant taking you to court.
Take photos of the walls before you clean them.

 

[rosecali]

Great, thanks to you both.