Can a landlord withhold portions of a security deposit for items that are ordinary wear and tear (e.g., lightbulbs and batteries) if the lease itself says they can do so? 38-12-103 (1) says the landlord cannot withhold a security deposit for ordinary wear and tear items and 38-12-103(7) seems to say that the tenant cannot waive this (i.e. that a waiver in the lease is not effective)
The information provided is for general information and does not form an attorney-client relationship. See our .Bill HenryFounding Partner | 19 years of experience
Bill HenryFounding Partner 19 years of experience
In general, no a landlord cannot withhold from your security deposit for normal wear and tear expenses, nor can he contract around the statute. Additionally, the statute provides significant penalties for wrongfully withholding from the security deposit. Often judges are very friendly to tenants in determining what a landlord may and may not withhold. Depending upon the amount of damages in question you may want to initiate a claim in Small Claims Court or you may want one of our attorneys to assist you in this fight.
Disclaimer
The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
