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 | 18 years of experience
Bill HenryFounding Partner 18 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.
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