Can we withhold a portion ofour tenant’ssecurity deposit for the removal and repair to our roof from2 dish satellites that wereinstalled?

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Can we withhold a portion ofour tenant’ssecurity deposit for the removal and repair to our roof from2 dish satellites that wereinstalled?

The roof had been completely redone the summer prior to the tenant moving in. The tenant had both Dish Network and Direct TV installed without the “prior written consent” from us. The tenant even asked us how having the satellites installed on the roof was an alteration to the house. We would never have given permission for this; we would have said that the installation could have been done in the ground surrounding the home.

Asked on December 22, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the former tenant had satellite dishes installed on nthe rental without your permission and the installation damaged the roof, you can withhold a portion of the former tenant's secuirty deposit for the roof repair.

If you have had the roof repaired, you need to send the former tenant a letter with copies of the invoices for the roof's repair, an itemization of the damages and the balance of unused security deposit back within the required time period post move out under your state's statute. Most states have a time period of 21 to 45 days post move out to do so.


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