Question regarding tenant's security deposit (CA) (apartment, rental, appreciation, carpets)

[Nicegurl]

My tenant of eight years moved out of my condo last month. He was a very good tenant who paid his rent on time. Since I live over 400 miles away, I had a property management company manage the property for me. After the tenant left, I had a contractor fix up the condo so that I could sell it. He took pictures that showed that the condo had lots of wear and tear due to the tenant's long occupancy. When the tenant first moved in, he was charged a security deposit of $1,300, of which I reimbursed him $1,011 minus the cost to replace the mirrored closet glass door and a broken tile in the bathroom.

He was not happy about it and stated that he should receive his full deposit back because he had been a good tenant, had not broken those items, and because he saved me hundreds of $$$ in repairs over the years for fixing items in my condo himself instead of asking me for the money. He did not inform me of items that he had fixed when they had broken over the years, so I never knew about them.

When I explained to him that I showed my appreciation by only raising his rent once during the eight years that he lived there, he stated that if I would have raised the rent, he would have just moved out. Fair enough, but I did not ask him to make repairs without notifying me first.

He now wants the $289 that I paid to replace the items that he said he did not break.

My question is should I give it to him because he was a good tenant, and eat the cost of the repairs, or tell him no. I appreciate that he was a good tenant, but the purpose of leaving a security deposit is to cover damages incurred once a tenant moves out.

I look forward to your replies

[Senno]

Ok, so the mirror and broken tile aren't wear and tear items.

So keep the cash and send back the small amount he's due.

Easy enough.

[Ingenere]

Keep the money - those are items which are damaged, not worn out. It is one of the reasons a security deposit exists.

[mateo45]

If it was an ''all-purpose'' Security Deposit and you've presumably followed the letter of the law and sent the tenant a final statement along with any monies owed, within the required 21 days... then technically you've fulfilled your obligations. Although if you'd still like to 'make nice' for whatever reason, you might ''split the difference'' and send the tenant a token amount, as Senno suggested. Not always my cuppa, but frankly sometimes it's easier just to ''buy them off'', even if only to give them a face-saving excuse to go away.

[quixotic59]

You are certainly entitled to follow the letter of the law.
However, as a long term tenant (16 years) I see your ex-tenant's point. I, too, have made many repairs myself when the rent was reasonable. My landlord (live in) never had reason to lift a finger to fix anything in the apartment for the first 8 years of my occupancy. That included replacing all the light fixtures (they all malfunctioned), all the outlets (mostly painted over), repainting at my own expense twice and having carpets shampooed every two years. I also repaired a shower wall (due to a roof leak) and replaced a toilet at my expense while he was on vacation.
However, when he started to raise the rent every two years and refused to update anything in the apartment ( I offered to split the cost of replacing twenty year old carpets), I refused to do anything in the apartment. Now, he gets called for everything no matter how minor. When it comes time for me to leave, he doesn't know it yet, but I will not pay my last month's rent. I will forfeit my security deposit and any accrued interest in lieu of the rent.
Considering the amount of damage possible over a period of eight years by tenants, you might want to reconsider your position. I also hope your next tenant is as considerate of your property.

[mateo45]

Just a sidebar, but as a landlord, have learned from experience the importance of maintaining professional ''boundaries'' with tenants, while still keeping cordial and amicable relations. Otherwise ''misunderstandings'' can arise. Perhaps that rule cuts both ways and applies to tenants as well. Besides, it's just a fact of human nature, that folks seldom appreciate ''free''.

[tagylyn]

Just moved to LA and I am about to rent an apartment and I was curious in regards to California laws regarding the deposit.
Are the security deposits put in escrow accounts?
I am from MD and it's a state law that security deposits have to go into escrow accounts. (not all landlords abide by it though)

[jw2]

Originally Posted by tagylyn

Just moved to LA and I am about to rent an apartment and I was curious in regards to California laws regarding the deposit.
Are the security deposits put in escrow accounts?
I am from MD and it's a state law that security deposits have to go into escrow accounts. (not all landlords abide by it though)

There is no California law requiring security deposits be put in escrow or any other special account. Interest does not have to be paid on security deposits.

However, there are several cities that have their own ordinances that specify different rules for the security deposits.

[Tarzanman]

This is a no brainer. Unless you're in dire straits, refund the $300. 8 years of living in a place *CERTAINLY* means that he made minor repairs. If the condo/apartment/townhome did not have any damage other than the normal wear & tear that comes with having a place occupied then you should consider yourself fortunate to have had a good tenant that took relatively good care of the place (assuming you did not have any other problems).

$300 is a very small price to pay for 8 years of smooth sailing with a tenant.... that breaks down to about $3 per month which I am sure a lot of land lords would gladly fork over more than that if it would make their rental headaches go away.

A mirror and broken tile would have cost him less than $100 to handle himself. You not being close enough to do these repairs yourself is a decision that you made, and not a cost that you should necessarily pass on to a tenant who has taken pretty good care of your property.

I have never owned property to rent, after seeing the headaches that my parents went through doing just that.... so keep that in mind when you read my advice.

[ferretkona]

One more thought is how much it is worth to you to not go to court.