# Moving out of my apartment, what can they deduct from my deposit? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 3, 2020, 2:50am UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134 "2020-08-03T02:50:35Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![purplehorseshoe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/purplehorseshoe/32/2996_2.png) [@purplehorseshoe](https://boards.straightdope.com/u/purplehorseshoe)\ **Post date:** [August 3, 2020, 3:13pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/41 "2020-08-03T15:13:34Z")
O.P. most leases include a “no smoking” clause. If there are burn marks (not to mention odor and/or nicotine strains on the walls) then I imagine they’re gonna hit you with that. In which case, nobody cares anymore about nail holes - if you’re considered in violation of lease terms you may be out every penny. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [August 3, 2020, 7:00pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/42 "2020-08-03T19:00:28Z")
> [@Broomstick](#): > > I’ve been a renter all my adult life. Once I got my whole deposit back. I was a renter most of my life and the last place I lived had no deposit. Instead, they charged a move-in fee of $300. That’s it. If there was damage beyond wear-and-tear to the place they absolutely would charge you to fix it. This was in a hi-rise in a big city with a management company doing the whole thing. They knew their business every which way, you would almost certainly lose if you fought them. And they would fight you, tooth-and-nail, for a nickel. ---
**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\ **Post date:** [August 3, 2020, 8:22pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/43 "2020-08-03T20:22:02Z")
**Moderator Action** While some of this is factual, overall I think this thread will do better in IMHO. Moving thread from GQ to IMHO. ---
**Author:** ![Mike\_Mabes](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mike_mabes/32/1782_2.png) [@Mike\_Mabes](https://boards.straightdope.com/u/Mike_Mabes)\ **Post date:** [August 3, 2020, 8:59pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/44 "2020-08-03T20:59:10Z")
> [@Mike\_Mabes](#): > > I don’t think they have a right to deduct anything from my $1800 deposit. I was a little drunk last night, celebrating getting out of here and moving back to my small hometown in Virginia. Going home to see my Mama. I meant to say they could not deduct the entire $1800. And a couple of my responses were not so nice. I am very sorry for that. I also apologize to some landlords, they are not all bad. I know one who is not in said hometown I found a “Schedule of Charges for Damages” online. Doesn’t say which state or apartment complext, but for hardwood floors it is $8 a sq foot. Now these are not highly polished Brazilian Teak floors, for all I know they may be faux hardwood. No need to repair the damage I think, just replace those panels or whatever they are called. There are about a thousand apartments in this complex, I would think they would have a few spares. I found my lease, it says a reasonable number of holes are allowed for pictures. I have about 25 things on the walls here, for all but 3 I used Command strips. Great product. Now browsing through the rest of the lease, it mentions a lot of things they can charge for. Of course damages are listed, but it also says “missing or burned out light bulbs”. Well hell, if they would charge for that, I guess I am screwed. Nothing in the lease mentions smoking, and I know, when I first looked online for apartments, it did not say No Smoking in the ads, and I was not told there was no smoking. But they are absolutely going to have to repaint. In Virginia, landlords are required to repaint every time a tenant moves out, but I just found in NJ it is only required every 3 years. Bottom line, I am not going to count on getting anything back [![](https://i.ytimg.com/vi/izpJa_pHU90/hqdefault.jpg "Tony Rice - Wayfaring Stranger") ](https://www.youtube.com/watch?v=izpJa_pHU90) ---
**Author:** ![SmartAleq](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smartaleq/32/163_2.png) [@SmartAleq](https://boards.straightdope.com/u/SmartAleq)\ **Post date:** [August 3, 2020, 10:10pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/45 "2020-08-03T22:10:56Z")
> [@Mike\_Mabes](#): > > Did you look at the picture? If yes, would you say it is not normal wear and tear in an apartment in which I have lived for 2 years? I would think it is normal wear and tear. I have no problem if they deduct the cost of the repair for this 2x4 foot section of the hardwood floor. Okay, I live in a tiny house with bamboo floors and in five years I have never once managed to put a single burn mark on the floor. Zero. So yeah, EIGHT cigarette burns on the floor is absolutely not normal wear and tear in my opinion. If I’d rented the place to you and found burn marks on the floors you 100% would not be getting all your deposit back. Dang. Then again, had I rented to you there absolutely would have been a large letter NO SMOKING clause in the lease. Cigarette smoke really fucks up the walls and carpets. ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [August 3, 2020, 10:45pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/46 "2020-08-03T22:45:30Z")
> [@SmartAleq](#): > > Okay, I live in a tiny house with bamboo floors and in five years I have never once managed to put a single burn mark on the floor. Zero. I used to smoke up to two packs a day, and rented for five years (all allowed smoking indoors). How in the hell do you get eight burn marks on the floor? Somehow, between me and my smoking buddies, we’ve never managed to get one burn mark on the floor. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [August 3, 2020, 10:55pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/47 "2020-08-03T22:55:42Z")
> [@Mike\_Mabes](#): > > No need to repair the damage I think, just replace those panels or whatever they are called. “Replacing panels” is repairing damage and, speaking as someone who has done flooring for pay it can be a real pain in the ass depending on how the planks interlock. Someone has to be paid to do that work, regardless of whether they’re “Brazilian Teak” or “faux hardwood” (Actually, I really really like bamboo flooring these days). > [@Mike\_Mabes](#): > > Now browsing through the rest of the lease, it mentions a lot of things they can charge for. Of course damages are listed, but it also says “missing or burned out light bulbs”. Well hell, if they would charge for that, I guess I am screwed. …Or you could just replace the damn lightbulbs… Lightbulbs are not as cheap as they used to be, in fact, they can be pretty pricey. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [August 3, 2020, 11:09pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/48 "2020-08-03T23:09:26Z")
Is there anything in your contract about what repairs can and cannot be made without consulting the landlord first? ---
**Author:** ![Mike\_Mabes](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mike_mabes/32/1782_2.png) [@Mike\_Mabes](https://boards.straightdope.com/u/Mike_Mabes)\ **Post date:** [August 3, 2020, 11:16pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/49 "2020-08-03T23:16:04Z")
There are no lightbulbs to be replaced. I am just saying that if I can be charged for that, I will be charged for anything. Yes, I will be charged for fixing the floor. My only question is how much? Well, here is a bright idea, LOL - I will ask the management. That is really the whole reason I created this thread. When I did, I was still deciding if I was going to be moving out. I know the OP said I was moving out, and I was pretty sure I was going to, it is what I wanted to do, but certain arrangements had to be made with my family to have a place to stay until I find another job. I will see if the panels can be easily replaced, or repaired, if they can I will hire someone to do so. Whatever they charge me, I am sure it will be less than what management will charge me. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [August 3, 2020, 11:19pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/50 "2020-08-03T23:19:13Z")
> [@Mike\_Mabes](#): > > There are no lightbulbs to be replaced. I am just saying that if I can be charged for that, I will be charged for anything. Those sorts of clauses are in a lease usually because in the past some dickhead decided to steal every lightbulb in a unit when moving out. I’m pretty sure you’re not that sort of person. Really, there are some truly appalling tenants out there. They’re only a small fraction of renters, but they are 95% of the headaches. ---
**Author:** ![BippityBoppityBoo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bippityboppityboo/32/5745_2.png) [@BippityBoppityBoo](https://boards.straightdope.com/u/BippityBoppityBoo)\ **Post date:** [August 4, 2020, 1:33am UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/51 "2020-08-04T01:33:49Z")
In my experience it will take much longer than an hour and likely cost more than $300-$400 (if IRC you live near Chicago [you lucky devil…the pizza alone]. It will likely be more. Spot fixes don’t often work and refinishing a floor means the whole area needs refinishing. I know this because a roommate marked up an antique floor in my house. You ain’t lived til you’ve lived in a house when a floor is refinished. Escape, leaving behind your deposit. Have you figured out to either quit smoking or buy a $49.95 office chair floor mat?They come in some big sizes or you could use two side by side. /don’t mean this to be snarky, if it came across that way-just trying to save you having to learn the hard way, as I did/ ---
**Author:** ![kayT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayt/32/3633_2.png) [@kayT](https://boards.straightdope.com/u/kayT)\ **Post date:** [August 4, 2020, 1:39am UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/52 "2020-08-04T01:39:50Z")
OP said he had a tenant who smoked, not that he smoked. No need to scold him, except maybe for poor choice of tenant. 🙂 ---
**Author:** ![BippityBoppityBoo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bippityboppityboo/32/5745_2.png) [@BippityBoppityBoo](https://boards.straightdope.com/u/BippityBoppityBoo)\ **Post date:** [August 4, 2020, 1:42am UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/53 "2020-08-04T01:42:33Z")
That’s why I said I didn’t mean it to be snarky. I didn’t. I didn’t mean it scolding either. You should try that-not scolding. Or junior modding. ---
**Author:** ![kayT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayt/32/3633_2.png) [@kayT](https://boards.straightdope.com/u/kayT)\ **Post date:** [August 4, 2020, 1:46am UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/54 "2020-08-04T01:46:52Z")
And I wasn’t scolding you, just letting you know. That’s why the smilie. Tone is hard to get into a post. Sorry. ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [August 4, 2020, 1:49am UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/55 "2020-08-04T01:49:44Z")
> [@kayT](#): > > OP said he had a tenant who smoked, not that he smoked. No need to scold him, except maybe for poor choice of tenant. 🙂   ?? Maybe I’m blind, but I’m not seeing where he said his tenant did it. ---
**Author:** ![kayT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayt/32/3633_2.png) [@kayT](https://boards.straightdope.com/u/kayT)\ **Post date:** [August 4, 2020, 1:50am UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/56 "2020-08-04T01:50:27Z")
Post #8 (I think; the post #s are kinda screwy for me sometimes). ---
**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\ **Post date:** [August 4, 2020, 1:52am UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/57 "2020-08-04T01:52:26Z")
Whatever the hell they want. No, seriously. They can try to nickle and dime you. That’s why it’s important to document, document, document early on and throughout your time as a tenant. ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [August 4, 2020, 2:13am UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/58 "2020-08-04T02:13:43Z")
> [@kayT](#): > > Post #8 (I think; the post #s are kinda screwy for me sometimes). That wasn’t this apt, that was a previous house. > [@Mike\_Mabes](#): > > I used to own a house, and in the last year I needed money and I got a roommate. He was a big man, and he sat on the couch and when he got excited watching football and he literally scooted the couch and left 1/4 inch grooves in the floor. In, again, about a 2x4 foot area ---
**Author:** ![Pantastic](https://avatars.discourse-cdn.com/v4/letter/p/3bc359/32.png) [@Pantastic](https://boards.straightdope.com/u/Pantastic)\ **Post date:** [August 5, 2020, 3:17pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/59 "2020-08-05T15:17:32Z")
Burn marks on hardwood floors is likely to be expensive enough to kill a deposit, it’s going to be at least hundreds to repair - usually that means sanding and refinishing the whole place, since replacement pieces either won’t be available or will take more effort to replace and still not match in the end. Trying to patch it yourself might just make it look worse. As far as the ranting about landlords ripping people off, the specifics of what they’re allowed to charge varies a lot based on state and local laws, and with no location specified that I saw it’s hard to really talk about details. My experience is that a small landlord is way more likely to try to mess with you on the deposit than a large one. If there’s a large management company, they usually have figured out exactly what they can get away with deducting legally and don’t want to lose any court cases. A smaller company or individual is more likely to just try to withold extra without really knowing the law, or knowing the law and hoping you don’t. (This doesn’t mean large companies won’t deduct from your deposit in a way you don’t like, just that it will very likely stand up in court). ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [August 5, 2020, 7:35pm UTC](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134/60 "2020-08-05T19:35:56Z")
Once again, what is the landlord’s policy about bringing in outside repair crews without informing management? Larger management companies may have people they use on a regular basis(or even have contracts with). [Previous page](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134.md?page=2) [Next page](https://boards.straightdope.com/t/moving-out-of-my-apartment-what-can-they-deduct-from-my-deposit/917134.md?page=4)