Does a Landlord Have to Show Receipts for Repairs?

When a tenancy ends, the security deposit becomes a primary concern for renters, who often question what charges might be deducted for repairs. This raises a common question: is a landlord legally required to show receipts for the work done? The answer varies, as security deposit laws are set at the state and sometimes city level. This article provides a general overview of these regulations, outlining tenant rights and landlord obligations for repair documentation.

Allowable Security Deposit Deductions

A landlord’s ability to deduct from a security deposit is defined by law and the lease agreement. The deposit’s primary purpose is to cover specific costs like unpaid rent or repairing damage to the property. Funds cannot be used for routine maintenance, upgrades, or to fix issues resulting from normal wear and tear.

Normal wear and tear is the natural deterioration from regular use, such as faded paint, minor scuffs on walls, or worn carpeting. These are considered the landlord’s costs of doing business and cannot be charged to the tenant.

In contrast, tenant-caused damage results from negligence, abuse, or intentional acts. Examples include large holes in walls, broken windows or doors, significant carpet stains, or an excessive buildup of grime that requires more than standard cleaning. A landlord can legally deduct the cost to fix this damage, but the deduction must be for restoring the item, not upgrading it.

For example, small nail holes from pictures are usually wear and tear, while numerous large holes are considered damage. Likewise, a worn-out carpet is the landlord’s responsibility, but a carpet with large stains or rips can be charged to the tenant. The deduction amount may account for the item’s age, such as prorating the cost of an old carpet.

Landlord Documentation and Proof of Costs

After a tenant moves out, a landlord planning deductions must follow a specific notification process. In most jurisdictions, the landlord must send the former tenant a written, itemized statement listing each deduction. This statement must be sent within a legally defined timeframe, which often ranges from 14 to 60 days, depending on state law. Failure to meet this deadline can result in the landlord forfeiting the right to make any deductions.

The statement must detail the nature of each repair and its exact cost. Vague descriptions like “general repairs” are insufficient, as the document’s purpose is to clearly explain all deductions. This statement is the primary record of the landlord’s claims.

The legal requirement to provide actual receipts or invoices with the statement varies significantly by state. Some laws mandate that if a deduction exceeds a certain amount, like $125, the landlord must include receipts. Other jurisdictions only require this proof if the tenant makes a formal written request. Even where not explicitly required, charges must be reasonable and provable in court.

If a landlord or their employee performs the repairs, there may not be a formal invoice. In this case, the itemized statement should document the work performed, the hours spent, and a reasonable hourly rate. The rate charged must be appropriate for the task.

Tenant’s Course of Action for Disputes

If you believe deductions are improper, the first step is to communicate with the landlord in writing. Your letter should professionally state which charges you dispute and why. This is also the time to formally request copies of receipts or other proof of costs, and you should keep a copy of your correspondence.

If communication does not resolve the issue, send a formal demand letter. This letter should reference state security deposit laws, specify the amount you believe was wrongfully withheld, and set a firm deadline for its return. State your intent to file a lawsuit in small claims court if the landlord fails to comply.

The final recourse is to file a case in small claims court, an accessible venue for monetary disputes that often does not require an attorney. A tenant can sue for the return of the wrongfully withheld portion of the deposit. Many states have laws that penalize landlords for “wrongful withholding,” which includes making improper deductions or failing to send the itemized statement on time.

If a court finds a landlord acted in bad faith, it may award the tenant damages beyond the actual deposit amount. This penalty can be double or triple the amount of the wrongfully withheld funds, in addition to covering the tenant’s court costs.