The landlord may recover a judgment only for damages in excess of normal wear and tear. The tenant is expected to leave the premises in the same condition as when he or she took possession, ordinary wear and tear excluded. The landlord may claim damages for the cost of cleaning to return the premises to that condition.
The measure of damages to personal property and fixtures is the difference between the fair market value before and after the damage; estimates of the cost of repairs and actual proof of actual costs of repairs are admissible at trial to prove damages.
There are far fewer disputes about damages if the landlord and the tenants go through the premises together either BEFORE OR IMMEDIATELY AFTER the tenants move in and list in writing all damages evident at that time. When the tenants are moving out, the parties should go through the premises again and agree about what, if any, damages are the fault of the present tenants.
Photographs of the premises before and after of the damages claimed are very helpful if the dispute goes to trial.
The landlord may not keep any portion of a damage or security deposit unless there is back rent due or damages to the premises. For rental agreements entered into after June 30, 1989, the landlord must, within forty-five (45) days of receiving from the tenant a written forwarding address, either refund in full any security or damage deposit or deliver to the tenant an itemized, written statement showing why all or part of the deposit is being kept by the landlord.
Landlords should keep complete records of all rent payments received, security deposits paid, etc. Tenants also should keep complete records and demand rent receipts and should keep those receipts and all canceled rent checks.
All keys should be returned to the landlord as soon as the premises have been vacated. Additional rent may be allowed until the keys are returned or until the locks have been changed, in which case the cost of the new locks may be deducted from the security deposit.
Generally, utility shut offs by the landlord are permitted only when the lease has been breached by the tenant and the utilities are in the landlord’s name; lockouts are not permitted if the tenant is not in breach of the lease and illegal lockouts or utility shut offs could result in a judgment for punitive damages against the landlord.
The landlord may not hold the tenant’s personal property as security for unpaid rent, UNLESS the court rules that the property is abandoned or the court orders the landlord to attach the property, in which case the landlord may dispose of the property and apply its value against any judgment the landlord has against the tenant. Illegal