Does tenant deserve his rent deposit refund?!

A deadbeat tenant, moved out of a house am renting out, he had paid out, one month's rent and one month's deposit upon entering, he then dilapidated the house further and now is demanding to be refunded his deposit back, should he be accorded that right?

 

It really depends on what he did to the place.

A certain amount of wear and tear type damage to the house should be expected. For example, you should expect to replace the carpet now and then from normal usage, and that's shouldn't come out of the tenants pocket.

On the other hand, if you are talking about unexpected damage such as holes in the walls, that definitely should be deducted from his security deposit.

Let us know the state of the place before he moved in and after he moved out. What sort of damage are you talking about?

 

I think you're saying that your tenant trashed the house, yes? If that's the case, he shouldn't get the deposit back because that's the exact reason those deposits are paid in the beginning.

On the other hand, like @lavanderson said, if it's normal "wearing down" that any tenant would have caused, or you yourself by living there, then your tenant shouldn't be liable to pay for it. Like if your paint or wallpaper is peeling, it's not really the tenant's fault. If there are burn marks or wine stains on your carpeting, it is. Now if you're talking something like bullet holes in the ceiling... *definitely* his fault.

 

From what you've said, he has left the house in a much worse state than it was originally in, so in that case, no he is not entitled to the deposit back. If however as others have said this is just the usual wear and tear that would have happened if even you were living there, then he is in the right and deserves the money back. It very much depends upon how bad the house was, and how bad it is now.

 

I'll add here that *sometimes* landlords keep part of the deposit to do things like have curtains laundered and carpets cleaned if the tenant was a smoker. Or carpets cleaned if there was a pet.

I think maybe that would have had to be stated in the lease, though... can't very well charge someone money for smoking if you never told them it's a smoke-free rental.

 

This sort of thing does have to be included in the original lease, yes. As does the clause that states that a landlord may keep the deposit if the house is not up to standard.

 

Yep, the deposit is exactly for that sort of stuff, if he does damage on the property he loses his right to the deposit, but I imagine that is clear on the lease originally signed right?

 

Yes, broken windows, chipped up sockets, maybe he was living with squirrels for that to happen, eaten up doors, not exaggerating here, i was in utter surprise that a human being can stoop to lower levels and destroy someone's property like that, Thanks guys for your advice, will definitely put that to book and will come in handy when explaining to him why he cannot be accorded his deposit.

 

Owing to the destruction done [which you have listed] the tenant doesn't deserve a refund. Should he insist then be firm with him. First you'll expect him to have all repairs done to your satisfaction. But most landlords prefer to have the repairs done by someone they themselves hire to ensure that a good job is done. So . . . as the rest of the guys suggest, give your former, destructive tenant no refund.

 

Stories like this are what scare me to become a landlord. I am probably every landlords dream because I have OCD and am crazy clean. I actually had my landlord over for coffee a few weeks ago and she was shocked at how clean and orderly the place was. I had to explain to her I wasn't putting on a show and I really am that clean! Haha.

But as to your question, this really depends on the damage done and what is stated in the lease. The lease is ultimately what will play the big key if this gets taken to court or something. I'd say if things are as expected in the lease, that you will be perfectly within your right to not refund the deposit.