How to dispute itemized deposit deductions in writing

An itemized statement arrived and the numbers don’t look right. Your reply should do three things: check each line against what your state lets a landlord deduct, check the documentation the statute requires, and answer within any deadline that applies to you.

01Check your own deadline first

Some states give the tenant a short window. In Florida, “unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim.” In Michigan you must respond “by mail within 7 days after receipt of the notice of damages.” In Delaware, accepting a payment sent with an itemized list counts as agreement unless you object in writing within 10 days of receiving it. In Arizona, the amounts are treated as final if you don’t dispute them within sixty days after the list is mailed.

02Check each line against what the statute allows

Statutes list what a deposit can cover: typically unpaid rent, damage beyond normal wear and tear, and sometimes cleaning back to move-in condition. Massachusetts is strict: “No deduction may be made from the security deposit for any purpose other than those set forth in this section.” Read your state’s list and mark any line that doesn’t fit it.

03Check the documentation

Several states require proof with the statement. California requires copies of bills, invoices or receipts (or the time and hourly rate for the landlord’s own work) when deductions for repairs and cleaning exceed $125, and photographs taken under the statute. Washington requires copies of estimates received or invoices paid. If the statute requires documents and they weren’t sent, say so.

04For replacements, raise the item’s age

A charge to replace an old carpet, blinds or an appliance as if new is a common dispute. Show the item’s age and a prorated estimate: charge × (useful life − age) ÷ useful life. Say where your useful life comes from. The IRS puts carpets and appliances in a residential rental in a 5-year tax recovery class, which is an accounting schedule rather than a lifespan, but it is a published reference point.

05Lines worth a second look

• Flat cleaning fees for a unit you left as clean as you found it. California’s standard is the cleanliness at the start of your tenancy.
• Full replacement of carpet, blinds or appliances that were already old. Ask how old they were and prorate.
• Repainting after a normal tenancy. See our guide on repaint charges.
• Fees the statute doesn’t list. In Massachusetts, deductions are limited to unpaid rent or water, a tax share under a valid clause, and reasonable repair of damage.
• Utility balances. Virginia lets a landlord hold back for a final utility bill only after giving the tenant written notice in one of the ways the statute lists.
• Damage already on your move-in checklist. Massachusetts bars deductions for damage listed in the move-in statement of condition, unless the landlord repaired it and can show the new damage is unrelated.

06Write the dispute

1. Identify the statement by its date and the total kept.
2. List each disputed line: what was charged, why you dispute it (wear and tear, preexisting, undocumented, or the item’s age), and the amount you think is right.
3. Quote the statute’s wear-and-tear and documentation language.
4. Say what you are asking for and by when, and where to send payment.
5. Send it in a way you can prove (certified mail, or e-mail if your state allows it) and keep a copy.

Sources

1. Fla. Stat. §83.49 (Florida Legislature). www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.49.html
2. MCL 554.609 (Michigan Legislature). www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-609
3. 25 Del. C. §5514 (Delaware Code). delcode.delaware.gov/title25/c055/index.html
4. A.R.S. §33-1321 (Arizona Legislature). www.azleg.gov/ars/33/01321.htm
5. M.G.L. c. 186, §15B (Massachusetts Legislature). malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15B
6. Cal. Civ. Code §1950.5 (California Legislative Information). leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1950.5.&lawCode=CIV
7. RCW 59.18.280 (Washington State Legislature). app.leg.wa.gov/RCW/default.aspx?cite=59.18.280
8. Va. Code §55.1-1226 (Virginia General Assembly). law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/
9. IRS Publication 527, Residential Rental Property. www.irs.gov/publications/p527