Jun 16
Tip for protecting the security deposit on your rented apartment
When moving out of a rented apartment your security deposit is typically returned in full. However, landlords have been known to argue for deducting money from your deposit in order to cover supposed issues that you are leaving behind. Don’t give your landlord any excuse to deduct money from your security deposit! Here are a number of ways to protect yourself:
When moving into a rented apartment
- As soon as you move in go through every room, make a detailed list of everything that’s broken, dirty, or damaged, and send a copy of that list to your landlord.
- If possible, take pictures of any problems, make copies of those pictures, send one set to your landlord, and keep one in a safe place for yourself.
When moving out of a rented apartment
- Clean the apartment before you leave. Remove all belongings and trash.
- Ask the landlord to walk through the apartment and give you a signed statement about the condition you left the apartment in.
- Leave your keys with the landlord. Don't leave keys in the apartment.
- Leave a forwarding address so the landlord can mail you your security deposit.
Comments
Those are some great tips to keep in mind. I am renting my first apartment in a month, I spoke with the landlord numerous times and she has been nothing short of extremely kind and considerate. There's only one little problem. The rugs in the apartment are a MESS, and she wont change them because we have a cat. She figures that she'd change the rugs once we leave next year. We had to give her a security deposit for not just the apartment, but for having the cat - the security deposit is $400. I'm afraid when I am ready to move out she's going to say that the rugs are going to need to be replaced and that it's the cat's fault. I have a feeling she'll be reluctant in giving me back my security deposit. Any tips on what I could do?? Thanks in advance :)
Mike, contact your local landlord/tenant service. Usually the state or local jurisdiction has established the "useful life" of common household items found in rentals including carpets, paint, various appliances, etc. The basic principle is that you should not be held responsible for ordinary wear and tear, only excessive damage. So if the carpet's useful life was (for example) 5 years and you moved out at the end of the 5th year, the landlord would have a hard time proving that you owe her anything for the carpet because a court would assume it would have been replaced no matter what.
Of course, regions vary in what the useful lifetimes are and how "landlord friendly" they are, so always check in with a local expert. (IANAL, by the way)
Anyway, this is why documenting move-in/move-out condition is good. It's your evidence that while the carpet may be ratty, it's not *excessively* ratty given its initial condition and the length of your tenancy.
I have a question, as well. I heard that as a tenant (at least in Massachusetts), I am eligible for the interest that my security deposit accrues in the landlord's bank account. Is this true? I've lived at the same apartment for over 4 years now, and I even though the amount would probably only be like $10, every little bit helps.
Mike Null,
Could very well be true, here in Chicago, landlords are required to put security deposits in an interest bearing account, and the tenant earns the interest.
As another commenter mentioned, each region has different laws/ordinances when it comes to sec deposits. I would assume the specifics are available on your city/county website. Again using Chicago as an example, landlords are required here to provide written estimates or receipts of any damages to the tenant within 30 days of vacating the premises. If the landlord does not do this they must return the security deposit in full. If they still refuse the tenant has an action in court to recover TWICE the initial security deposit PLUS any court costs and expenses.
Mike with the cats, you absolutely need to take a picture of those rugs and document exactly what kind of condition they are in before your cats touched them.
I disagree with your suggestion that you should make a "detailed" list. You should keep the list as general as possible (within reason), so you're covered in case you didn't spot something before, or if you actually did cause the damage. For example, my sister recently moved out of her apartment, leaving some minor carpet stains. On the list, she had simply said "carpet stains" instead of specifying which ones - so she was not charged.
How to protect your rental's security deposit
The Sound Money Tips weblog has some pointers on getting your rented apartment's security deposit back in full when you move out. Most importantly, when you move in, document the condition of the apartment in detail; when you move out,...
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