Managing money isn’t just about staying on top of what you earn. It’s also about getting all the money you’re entitled to, including refunds.
That includes getting your security deposit back — no questions asked — when you move out of a rental unit.
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That’s sometimes easier said than done, even if your place is pristine on moving day. Maybe your deposit is withheld because you snuck a cat in or overlooked another building bylaw.
Perhaps your property manager arbitrarily decided he didn’t want to return your deposit, even though he’s legally obligated to do so.
It’s a good idea to be proactive to mitigate the risk that your deposit is withheld.
Understand your rights as a renter
Start by brushing up on your tenant rights. Be sure to look up your state’s laws and read your lease agreement thoroughly to understand all terms related to the security deposit.
This includes:
Maximum deposit amounts. Some states limit how much landlords can charge for a security deposit, capping it at one or two months’ rent.
Timeframe for return. Many states require landlords to return security deposits to tenants within 30 days of move-out, though some states give landlords up to 60 days to do so.
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Valid reasons for withholding. Landlords can only take a deduction out of your deposit for specific reasons, such as unpaid rent, property damage beyond normal wear and tear or excessive cleaning costs.
How to protect your security deposit
Here are some ways you can be proactive in protecting your security deposit.
1. Document the state of the property when you move in — and when you move out. Take high-resolution photos and videos of walls, floors, ceilings, appliances and fixtures in every room. Ensure the timestamp feature is enabled to prove when the images were taken. These images can serve as evidence in a dispute with your landlord. Some states require landlords to provide tenants with a move-in and move-out inspection checklist, which can further protect you.
2. Maintain open communication with your landlord about maintenance issues. If something needs fixing, notify your landlord promptly in writing and keep records of all correspondence. That way, you can prevent minor problems from escalating into costly repairs that could be deducted from your deposit.
3. Avoid damaging the property, and repair what you’re responsible for. Use furniture pads to prevent scratches on hardwood floors, avoid using nails or adhesive hooks on walls unless permitted and be cautious when moving furniture to avoid dents or chips. If you’re living with roommates, establish ground rules to ensure shared responsibility in maintaining the space, since everyone can be liable for damages.
If you do cause damage, consider fixing it yourself before moving out. Minor repairs are inexpensive and can prevent large deductions from your security deposit. Just get approval from your landlord first. Some may prefer to handle the repairs themselves, and unauthorized fixes could violate your lease.
4. Request a pre-move-out inspection. Many states give tenants the right to request a pre-move-out inspection, during which the landlord identifies any damages that could result in a deduction from the security deposit. This allows tenants the chance to address issues before they vacate.
5. Don’t forget to ask for your security deposit back. It may sound obvious, but make sure you ask for the deposit back. Be sure to put your request in writing and keep a copy.
By taking these steps, you can address problems ahead of time and take your security deposit with you when you move out.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
