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Who decides how much deposit the tenant gets back?

The holder of the deposit returns the appropriate funds. However, and this is a big one for landlords, the tenant does not have to agree with you and may file court action or a complaint against you with the local real estate commission. Deposits never stop belonging to the tenant, even while held. If you plan to keep part of the deposit for damage, cleaning, or other fees, it’s important to have a solid paper trail of items like receipts and photos to back you up. Remember that normal wear and tear is allowed, even if you freshly painted the house before they moved in. Reasonable amounts of wear and marks to carpet are also considered normal and you can’t charge for this.

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