Security Deposit Deductions

[tootsie0814]

What is the name of your state? NJ
I am the LL and would like to know if I can deduct from the security deposit the time it took to get a room back into shape. Our past tenant had painted a bedroom bright colors and said she would paint it back to the neutral color it was when she rented it, but it wasn't. My husband had to take off 2 days from work to get it back (took 1 coat of primer & 2 regular coats). Also the tenant had spilled paint or painted the floor in 2 areas and never removed it (about 2 feet in one area and about 1 foot in another). All the other rooms were left in good shape. We of course are not decucting for painting any other rooms just the one that she did not leave the way it was when she rented it and like I said my husband had to take 2 days off from work (without pay) just to do that one room. Can I deduct his 2 days of pay, primer and what he used to remove the paint from the floor from the security deposit?

 

[BL]

Question What are a landlord's obligations regarding a tenant's security deposit?

Answer A landlord is barred from taking more than 1 ½ month's rent as security, or advanced rent. N.J.S.A. 46:8-12. "Additional security" for the last month's rent must be included in the calculation of the 1 ½ month's rent. All residential landlords are required to deposit security deposit monies received in an interest bearing account. The type of account depends on the number of rental units being rented by a landlord.

Landlords are also required to give tenants notice, in writing, of the name and address of the bank (or other lending institution) where the security deposit is being held within 30 days of the receipt of the security deposit from the tenant. If the property is an owner-occupied property with not more than two rental units, a tenant must give the landlord thirty (30) days written notice asking that the Security Deposit Act be applied. If a landlord fails to provide such notice, the tenant may give a written notice to the landlord to apply the money deposited by the tenant as security towards rent payments which are due or which will become due in the future. The tenant is then without obligation to pay any future security deposit to the landlord, and the landlord is not entitled to make any further demand for a security deposit.

After a tenant vacates rented property, the landlord must, within thirty days of that departure, return the deposit or provide a written statement as to the disposition of the deposit, and serve same upon the tenant either by personal service or by certified mail. The disposition letter must itemize the total amount of the security deposit, plus interests accrued on that deposit during the lease term, and then itemize each deduction from the security deposit, if any. If the landlord does not return money owed to the tenant within those thirty days, or wrongfully withholds all or a portion of the security deposit, or fails to send a security disposition letter, the tenant can sue the landlord for double the wrongfully withheld security deposit. Attorneys' fees may also be recovered at the discretion of the court if the tenant is successful.
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You can not deduct your husband's pay for 2 days . You can deduct accusal cost , if that was your agreement to repaint . Materials/labor ( what is reasonable ) .

 

[treese]

Can I deduct his 2 days of pay, primer and what he used to remove the paint from the floor from the security deposit?

You cannot deduct his 2 days of pay.

You can deduct for all supplies needed to perform the repair.

You will have to check your State's laws regarding whether you can charge for your own labor or not. Some states allow it, others do not.