Deposit issue

I would like thoughts regarding potential deposit dispute with my previous tenant. An amount of $350 has been deducted from the deposit for cleaning, some paint touch-ups and carpet spot cleaning; is this excessive or illegal? My tenant is requesting the entire deposit refunded without any deductions claiming even cleaning is the landlord's responsibility!

Deposit Issue

My first stop would be...the lease! If the lease, signed by the tenant, specifically outlines provisions on what the tenant needs to do before leaving and you and the tenant noted the discrepancies in a move-out inspection/checklist, then by all means go get your $350. If, however, you are randomly penalizing the tenant without their knowledge and no documentation was made in a move-out inspection/checklist, then the tenant is correct that they do not owe you. The lease will give you the guidance on what you can and cannot charge the tenant upon the end of lease. It's up to us landlords to make sure we communicate what's expected on move-out and, with a signed lease, the tenant understands the responsibilities they have. Good luck!

It could end up being illegal ...

It could end up being illegal if it goes to a judge, for instance it would never fly to charge a customer for paint touch ups when they moved out after living in the place for 6 years, as there are expectations of wear and tear.

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