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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37008
Experience:  Attorney over 16 years, landlord 26 years
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My landlord is denying our security deposit 30 days after we

Customer Question

my landlord is denying our security deposit 30 days after we left . she sent a letter with damage fixtures window screens, bathroom base mold,window lock shower curtain shower hooks light blubs.
question:
1)What is covered under wear and tear after occupying same apartment for 6 years.
2)Does she have the right to this action after a walk through was done and signed a month ago (two days before scheduled exit date) with keys returned.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Normal wear and tear typically includes things like wear on flooring, scuffs on paint, wear on fixtures and cabinets that causes the finishes to slowly degrade over time.

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It doesn't cover broken or damaged things unless they simply wore out from use.

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So something like window screens really wouldn't ever get damaged or holes in them with normal use because they aren't taken in and out. The window is up or down.. If the finishes on things like bathroom or kitchen fixtures starts wearing off, that is normal wear and tear.

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Cleaning is not normal wear and tear and a tenant is required to return the property in the same condition of cleanliness that they received it in.

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Light bulbs are normal wear and tear. If a window lock was broken, that is damage unless it broke due to simply wearing out. Shower curtain and hooks would be normal wear and tear..

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As for can the landlord charge for items after a walk through... the answer is yes if those items weren't noted on the walkthrough as being acceptable. The civil statute of limitations on breach of contract actions varies from state to state, but is never shorter than 2 years from the date that the damages were discovered.

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But if the landlord noted something as being ok, then they can't later come back and say there is a problem unless it was something that was concealed at the time. For example, if a towel bar was broken off the wall and then glued back on just so it looked like it was attached, and the landlord just looked in the bathroom and marked "OK", then they later discover the broken bar, they can charge for it.

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thanks

Barriste

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