How to Get Your Rental Security Deposit Back After Moving Out

How to Get Your Rental Security Deposit Back After Moving Out

While it would be nice if every landlord was honest and professional, such is not always the case. Not all landlord tenant disputes that end up in court are instigated by the landlord, nor does the landlord always win. One of the most frequently brought tenant claims relates to the security deposit, as there are often disagreements about the amount of the security deposit refund. Or worse, a particularly unethical landlord may even try and keep a tenant's security deposit, claiming charges that by law are not supposed to be charged against that deposit. So that begs the question, what expenses can a landlord legally deduct from a tenant's security deposit?The specific items that a landlord can deduct from a tenant's security deposit depend on the laws of the state in which you live. However, the general rule is that the landlord can deduct anything necessary to restore the apartment to the same condition as before you moved in. Thus, if you moved into a clean apartment and move out leaving it a mess, in most cases the landlord can bill you for the cleaning cost. Same goes for any damages caused by you. Also keep in mind that in many states the landlord has to provide you with an itemized report that shows each specific security deposit deduction. He should also give you the opportunity to make the repairs or do the cleaning yourself. If not, he may not be entitled to deduct the money from your deposit.Additionally, in some states you are required to supply your landlord with your new mailing address so he can send you your deposit. Failing to do so could mean that you forfeit the entire deposit.In order to be safe, when moving into a new place you should ask your landlord for a checklist so that you can record any pre-existing damages. This would include things like peeling paint, cracked windows, dripping faucets, etc. Make a copy of the checklist for yourself and one for your landlord. In addition, it is wise to make a video of the condition and cleanliness of each room of the apartment the day you move in, and again the day you move out. That way if there is any dispute about whether or not you left the apartment clean, you will have proof that you did.In the final analysis, an ounce of prevention is worth a pound of cure. Take the necessary steps to protect yourself by documenting the "before and after" as best as you can. Doing this will eliminate ambiguities regarding what happened before versus after you moved in, who should pay for what, etc. While most landlords are honest, you can never be too careful. It is your money, and if the landlord is doing this to you then he is probably doing it to others as well, so be prepared to fight back.

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