Security Deposit Expectations When Moving Out

Security Deposit Expectations When Moving Out

A question that often arises when a tenant moves out of a rental property is when the deposit that was made at the outset of the tenancy will be returned. The answer to that question will ultimately depend upon what the parties agreed to when the tenant moved in. If there is nothing in writing, a satisfactory outcome may be hard to achieve.Regardless of a tenant's feelings when moving into a house or apartment, it is vitally important that the tenant and landlord agree in writing on the rent, term, utilities and the amount of the security deposit. The rental lease should spell out these details as well as what it is that the landlord expects of the tenant. "Normal wear and tear" is a term that often appears in rental leases, and it impacts the security deposit. For example, a fair interpretation would be that painted walls might be a little grimy from kitchen vapors or perhaps scuffed from moving furniture around, and that the carpet will show some evidence of foot traffic. It would not include the aftereffects of smoking (such as an odor or dingy walls), or permanent stains on the carpet. The landlord also has a right to expect the tenant to take steps to avoid permanent harm to fixtures stemming from the tenant's presence in the rental property."Broom clean" is also sometimes used to describe a landlord's expectations upon a tenant's departure. It is often found when the rental property is older and has had a number of previous tenants. In these cases, the landlord often prefers to avoid investing more money in the property when a tenant moves out and would be satisfied if the apartment has simply been vacuumed and left in good condition. Legally speaking, if no documentation exists, it is fair to presume that the landlord expects the property to be left ready for the next tenant. The place should be trash-free and the entire premises should be gone over with a vacuum. The carpeting and woodwork should be as they were when the tenant moved in. Any glass broken during the tenancy should be fixed, and the furnace filter should be replaced. Bathrooms should have a good scrubbing as should the kitchen sink. If a refrigerator was furnished, it should be empty and plugged in. Windows should be clean and nail holes from hanging pictures repaired.If the landlord has to haul trash, replace carpeting, make repairs or employ a cleaning crew, he or she has a right to retain a fair amount to pay for that work. A tenant wary of this outcome is well advised to take numerous photos of the empty apartment before moving in and just after leaving. However, the best outcome will be realized if there is a written agreement made at the outset and if there is good communication between the tenant and landlord during the course of the tenancy.

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