A security deposit denotes a separate amount of money from the rent that your landlord collects at the start of a tenancy. The land has the right to hold this amount and use it to cover tenant-caused damage, repair costs, or unpaid rent at the end of your tenancy.
In case you want to move out and didn’t damage your rental, the landlord should return your deposit. Beware that a security deposit shouldn’t be used to cover repairs that originate from ordinary wear and tear.
Once the landlord covers repairs that are beyond ordinary wear and tear, you should receive the unused portion of your deposit. Here’s a look at measures to take to recover improperly retained security deposit.
Recognize the Law
As a renter, it’s prudent you familiarize yourself with the relevant laws concerning security deposit in your state. You find that most states have stringent guidelines when it comes to handling and returning security deposits.
Landlords who breach these laws might lose the deposit completely or face heavy penalties. Keep in mind that state laws frequently regulate various facets of a renter’s security deposit, including the amount your landlord can request, the timeframe within which your landlord should return the deposit, and where the landlord should keep the deposit.
Numerous states expect landlords or property managers to put the renter’s deposit in an interest-bearing account. It’s worth noting that laws concerning security deposits vary slightly across states, so you want to understand your laws before you proceed with any action.
Examine the Lease Agreement
Your lease agreement should stipulate the conditions under which your landlord can withhold your deposit once the lease is up. As a renter, it’s important that you examine your lease agreement carefully to make sure you recognize the terms and conditions associated with the security deposit. This means you should watch for any particular prerequisites for returning the security deposit and any deductions that might take place.
Furthermore, it should stipulate the terms and conditions for receiving your security deposit, including the number of days your landlord has to return your security deposit along with the move-out inspection prerequisites.
Consider Professional Help
You might want to hire a landlord and renter lawyer who handles security deposit matters, for instance, cases involving illegal withholding of a deposit. A professional lawyer will help you comprehend your state’s laws concerning illegal withholding of your security deposit.
At the same time, a lawyer will recommend the ideal course of legal action. An attorney will equally give you legal representation in court as required. If you’re the plaintiff, a lawyer can help you recover the deposit together with a sensible amount of suffered damages.
Document the Unit’s Condition
Before you move into a rental unit, ensure you document its condition thoroughly. Consider taking videos or photographs that clearly portray any existing issues or damages, including marks or holes in the wall, in addition to ordinary wear and tear throughout the unit.
The evidence will prove beneficial if a dispute arises over the security deposit. You want to send the photos to your landlord at the start of your rental term. This way, you won’t be liable for the existing damages.
Once your lease expires or you want to move out, ensure you refer to the checklist and scrutinize similar items while recognizing their condition. Your photos and documentation will help you establish the right uses for your security deposit.
Final Thoughts
While landlords reserve the right to use renters’ deposit to cover rental damage or unpaid rent, you need to know what to do in case your landlord uses your security deposit as reimbursement for general wear and tear. This invaluable list offers the measures to take should you find yourself in such a situation.
For more information on what to do when your landlord wrongfully keeps your security deposit, contact us at Apartment Agents or leave a message.