Landlord Rights

UPDATED: Oct 1, 2022

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Landlord Rights

I currently have a property in which the tenants lease is up August 30th. They have asked for 1 month extension to vacate, which I accepted. I decided to list the property and upon inspection there where several issues that need to be repaired. Can I charge the tenants for these repairs out of their deposit? Repairs needed Replace damaged siding, screen door, drywall damage, paint, carpet repair, and damage to personal property lawn mower. I am doing the repairs myself.

Thank you

Asked on August 22, 2017 under Real Estate Law, South Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can charge for damage which exceeds normal "wear and tear" given the length or duration of their tenancy, BUT you cannot charge for your own time: you can only charge for payments to third parties, like contractors, and for materials/supplies.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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