The Security Deposit: Your Rights
In the rush to finish packing your belongings and prepare for the arrival
of the movers, some renters fail to honor the terms that can guarantee the
receipt of their security deposits. They fail to clean up their apartments
before they vacate the premises and are surprised weeks later when a letter
arrives in the mail, informing them that deductions have been made from
their deposit. Depending upon the condition of the apartment when the
tenant vacated, those deductions can either cancel out a deposit or even
exceed it.
What if you cleaned your apartment thoroughly before you moved out, and you
haven't received your deposit in the mail yet? What exactly is a security
deposit, and what are your rights as a tenant in relation to the payment
and return of the deposit?
You'll usually be required to put down a deposit when you decide to rent an
apartment, condominium or house. In particularly competitive multifamily
housing markets, this deposit may be waived in order to dangle the carrot
in front of prospective renters. A security deposit, in a sense, is payment
up front for any damages you may cause in your home during your period of
residency. You pay the deposit with the assurance by your landlord or
leasing representative that you'll be repaid the deposit in full if your
unit passes inspection upon move-out. Deposit amounts vary greatly, from
$50 to $350 or more. Their full return is often a godsend when you're
facing the expense of moving (telephone, electricity and cable hook-up and
movers' fees, not to mention your first month's rent and security deposit).
"Damage" essentially means serious damage -- a broken window, a door
hanging off its hinges, a cigarette burn on a countertop or carpet.
Deductions from your deposit generally are not made for the expected signs
of wear and tear in your apartment -- a little dirt on the carpet or a
piece of linoleum that's lifting up in the kitchen, for example. Obviously,
it's incentive for the tenant to take good care of his or her unit, and
from the landlord/management company's perspective, it makes good sense to
have the financial assurance that you'll be able to repair any damage
caused to the unit you're about to rent to a stranger. The security deposit
also may cover any other charges or fees the tenant has not paid upon
move-out time.
So how do you ensure that you'll get back the full amount of your deposit?
Your lease (the "security" portion) will usually outline for you the terms
of the receipt of your deposit in full. If it doesn't, ask your landlord or
leasing agent to put those terms in writing before you move in. You can
expect to see the following stipulations:
Occupation of the apartment, condo or house for the entire period of your
lease;
Payment of your rent in full each month, and on time;
Written notice of your intent to move out, given to the landlord/leasing
agent at least 30 days prior to the date your lease officially ends
(generally the last day of the month, and be sure to keep a copy for
yourself);
A clean apartment/condo/house that meets the requirements for inspection,
as outlined by your lease; and
General fulfillment of all of the terms of your lease.
To prevent any surprises, clean your apartment thoroughly in accordance
with the terms of your lease, then schedule an appointment either with your
landlord or management company representative for an informal inspection.
This request is usually very much appreciated, and it gives you the chance
to correct any oversights your landlord/leasing agent spots -- saving both
of you considerable hassles, financial and otherwise. When you moved into
your apartment, you filled out an inventory checklist that gave you the
opportunity to state any damages to the unit, for which the management
staff would not hold you responsible. Maintenance staff would have
corrected such problems within reason and financial ability; and if they
couldn't, you still would not be held responsible for the damage. During
the inspection process, both you and the management representative can
refer to this checklist and use it as a basis for comparison.
Formal inspections sometimes take place after the tenant has already moved
out of the unit. If you can arrange it, it's in your best interests to be
present when the formal inspection is taking place. Upon its conclusion,
have the landlord/leasing agent sign and date the move-out inventory form
in front of you, and keep a copy for yourself. In the event that you don't
receive the amount of deposit back that you have been promised, you'll have
a document in writing that verifies the payment you should receive. You may
also consider purchasing a disposable camera for use during the formal
inspection. Photographs can go a long way toward pleading your case if you
encounter any problems with compensation of your deposit.
Before you move out, be sure to leave your former landlord/management
representative your new address if you want to receive your deposit as
quickly as possible. Don't slip the address through the leasing office's
mail slot after hours; make sure you hand it directly to a staff member. In
exchange for your address, the landlord/management representative should
hand you a receipt that lists your forwarding address (proving that you
did, indeed, leave it behind) and verifies the termination date of your
lease, as well as the day you left the premises and returned the key to
your unit.
If you've left your forwarding address behind, you can expect to receive
your deposit in the mail within 30 days; in fact, the landlord/management
company is required by law to mail your deposit to you -- along with an
itemized and detailed list of any deductions -- within 30 days. If you left
your forwarding address behind and more than 30 days have passed without
payment, call your former landlord or management company. While the delay
could have resulted from the check being lost in the mail, it's more likely
that your paperwork has gotten lost in the shuffle. If one friendly
reminder doesn't bring you your deposit quickly, it may be time to consider
legal assistance. If you've rented a unit with a large, household-name
management company, chances are good you'll receive payment quickly and
efficiently, along with a thorough explanation of any deductions. Within
the majority of major cities, the multifamily housing climate is so
competitive that management companies and even landlords of smaller
properties can't afford not to be agreeable with their tenants. On both the
management and tenant side, the old adage applies: You'll catch more flies
with honey. So keep the lines of communication open, own up to any damage
you know you caused, and you'll receive the maximum amount you have coming.
Also See:
Be Secure With Your Security Deposit
Making Sense of Your Lease
How to Write Appropriate Letters to Your Landlord
Don't Lease a Home Without It: User's Guide to Important Lease Terms
Courtney Ronan is a freelance writer who contributes a weekly column profiling various communities. She also writes a weekly review of real estate related web sites. Courtney's career in journalism has included recent stints as managing editor of Agent News and as associate editor of Texas Business magazine.
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Written by Courtney Ronan
Copyright © 1999 Realty Times. All Rights Reserved.