The security deposit is a normal part of a lease for renting a place to stay – home or apartment. It could be equal to your rent for two or three months and your landlord has the right to ask for it, in order to have a guaranteed compensation in case you cause damages or don’t pay your rent. Once you have signed the lease and you have paid a security deposit, at the end of your contract or when you have decided to terminate it, you have the right to ask for it back if you have fulfilled certain requirements. Getting security deposit back before moving in to your new home is easy, if you know what to do. Here are some tips which will help you.
How to Get Rental Security Deposit Back
Your landlord can use your security deposit for covering certain expenses and if there aren’t such, (s)he is obliged to return it to you. Unfortunately, not all landlords know the law and even those who do, don’t always comply with it. Knowing your rights and how to protect yourself in such a situation is the best thing to do.
If you have already paid your security deposit for your new rental but you have changed your mind and you are planning on getting security deposit back before moving in, read your contract and contact your landlord right away. What does your contract say? The lease should mention the amount of the security deposit, the rent and when it is due, and also the conditions for getting the security deposit back. In any case – whether you have already moved in to the property or you have changed your mind to do so, once you have signed the lease this contract becomes binding for both you and your landlord. In both cases you should send a written notice to your landlord for ending the lease. In a way this is breaching the contract because it was signed for a certain period of time. Usually the deadline for sending the notice, that is pointed in the lease in most states, is 30 days. If you don’t send one, you still owe rent and your landlord could use your security deposit for it. Send the notice by certified mail, request a return receipt and keep a copy of it for yourself. Keep the receipt and the copy of the notice together. In case things go wrong and you go to small claims court, you will have this proof you have complied with the contract.
Many landlords don't know the state laws when it comes to security deposits. It is your duty to be informed and protect your rights!
If you manage to find someone to rent the unit instead of you earlier, you will have to pay less rent. That is if someone rents the place from a date sooner than the last one of your 30-day notice, you owe rent until that person moves in, and the new tenant continues to pay the rents on that lease. Technically you owe rent for the time until the lease expires (if you don’t pay it, it could be deducted from your security deposit) or until someone rents the unit instead of you. If you are the only tenant and your are moving out, the situation is simpler. If you are renting the unit with other people as well and you are the only person leaving, talk to the others or to the landlord about getting your security deposit back. The landlord is not obliged to give it to you if not all cotenants are moving out so try to negotiate that.
Your landlord should have your new address because if you cannot be located, in some states the law says your landlord can keep the deposit. Each state has different rules and regulations as to when and how your landlord should give you the security deposit back. Check what they are for your state so you know how to protect your rights.
After you move out, the landlord will go to inspect the unit and in some states you have the right to be there and be present. This is good because if there are some final fixtures to be done or some cleaning, you can handle it so that you could end your lease peacefully and get your security deposit back. If you haven’t taken proper care of the unit when leaving, as mentioned in your contract, the landlord has the right to cover damages and arrange for extra cleaning to be done on your behalf, that is by paying for it with your security deposit. Your security deposit can also be used for paying utility bills, too, but you are not responsible for normal wear and tear. Normal wear and tear is appliances that wore out, colors of the walls that have faded, carpet that is worn away, etc. You are responsible for doing a final cleaning as well – make sure that you are aware of what your landlord expects you to do so you don’t under- or over-do it. If you, your pets or guests have caused any damages, again, it is your duty to fix them.
Check what the laws for your state are regarding the ways and deadline for your landlord to give you back your security deposit.
When moving out, take out the garbage, take all items you have brought to the unit and make photos of your work – get the newspaper for the day and make the photos by holding it in such a way so that the date could be seen. In this way you have a proof as to when you have left the rental unit and in what condition it was. If you can, get a witness to see your work.
When do you get your security deposit back? After you have moved out, the state sets a deadline for your landlord, usually two or three weeks, to send you detailed information about how your security deposit has been used and for what, what is left from it (including the interest, if applicable), and – some states require it – a list with the deductions of your security deposit before any money has been taken. If you are not happy with the list or didn’t get back what the state law states you should, contact the landlord and try to work things out somehow. In case you reach to an understanding with your landlord about getting your security deposit back if you do extra cleaning for example, put this in writing and sign it. This agreement is a contract between you and your landlord and if either side doesn’t fulfill the tasks in it, the other one can take it to small claims court. If you and your landlord don’t reach to an understanding, write a letter to your landlord, again make a copy for yourself, and send it by certified mail with a return receipt, asking to have your entire security deposit back, or part of it. This is a step that is required in many states before you go to small claims court and if you don’t do it, you can lose your security deposit. Such a letter may also motivate your landlord to fulfill your requirements.
In small claims court you go just before a judge, there is no jury, you don’t need a lawyer, and you pay up to $50 for it. Both sides present their view of the matter and then the judge makes a decision – either right away, in the courtroom, or up to a few days later and mails it to you. This is how to get security deposit back from landlord. Do you get your security deposit back when you move out? Yes! But many people don’t want to spend time, nerves and money in pursuing their security deposit back and unfortunately some landlords get advantage. Don’t let that happen to you, know your rights and protect yourself!
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