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Reclaim your security deposit: 10 ways for tenants to ensure a money-back move-out
Getting back a security deposit is no small matter; for most people it's several hundred dollars that will help them settle into a new place. Here are 10 tips for getting back your deposit, in the order they should occur while renting:
1. Make a move-in checklist. Do a walk-through of the unit, noting any damage, such as carpet stains, damp spots on the ceiling or missing outlet covers. Turn on the appliances, flush the toilets and run the faucets. Photograph the unit, then give your landlord a copy of the checklist and photos. In the unlikely event you have to go to court to seek your security deposit, you'll need them.
2. Ask permission before making changes. Some landlords are adamant about tenants not changing the unit; others don't mind as long as it's back to its original condition on move-out. Even though you believe yourself to be a skilled painter or interior designer, not everyone will share your taste, so ask before you redecorate.
3. Report problems promptly. If you wait until move-out, you may be charged for damage caused by unreported problems, such as leaking toilets. Repairs at short notice will cost more to undertake, which will be reflected in the amount deducted from the security deposit.
4. Return the unit to its original condition, or better. This is the top reason that people get charges against their security deposits. You're supposed to leave the house in the exact same condition or better than it was when you moved in.
5. Re-read your lease. This is a legally binding contract, and laws vary widely. A month before you give notice to move out, read the lease in full. Review the information on your security deposit, especially any fees that may apply.
6. Give the required notice. If your lease says you must give 60 days' notice in writing, a phone call as you're walking out the door won't cut it. And if you leave before the lease is up, don't expect the landlord to take your security deposit as the last month's rent.
7. Do another walk-through.Get out your move-in checklist and schedule a walk-through with the landlord, Cronrod says, to show that the unit has been left in the same condition as when you moved in. Take pictures again. If you have to fight for your deposit, you'll have proof to back up your claim.
8. Return the keys.This is a common charge deducted from security deposits, Sygit says. Deliver them in person and get a receipt.
9. Don't leave anything behind. This includes clothes, furniture, food and trash.
10. Provide a forwarding address. Tenants are not entitled to their deposit upon moving out. Many state laws give landlords up to 30 days to return a security deposit - meaning a current address is crucial to receiving your deposit money.
If the landlord doesn't return your security deposit, and you believe you are entitled to it, take your case to small claims court. Most states require that the landlord list the expenses that are deducted from your deposit. If the charges are in error, if your pictures prove that [the unit] was like that when you moved in, if you have receipts for all your rent payments, go for it. Rip-off landlords need that feedback.
Bobby Lehmkuhl ׀ Bobby@4Malibu.com׀ 310.365.7696 ׀ Broker Lic. #01457517
Danielle Dutcher ׀ Danielle@4Malibu.com׀ 805.341.8769 ׀ Broker Lic. #01463653
Material discussed is meant for general illustration and/or informational purposes only and it is not to be construed as tax, legal, or investment advice. Although information has been gathered from sources believed to be reliable, please note that individual situations can vary, therefore, please consult a professional for specific advice.
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Bobby ~ Nice post for tenants. Many have no idea about some of these items.
Wonderful advice for a tenants. I do wish some of the tenants I have had in the past would use that information. I love to feel good about giving back security deposits.
This is a great post for tenants! The lease or rental agreement should spell out the requirements for giving notice and security deposits. As a landlord, it is a good idea to have the managment company or yourself do a walk through move in checklist together. Both parties can acknowledge by signing. I also recommend doing the same upon move out. Then there are no questions. The tenant may have the option to fix something the landlord finds needing repair upon a move out walk through and get the full deposit or most of the deopsit back.
Thank you for the comments. It is true, we would like to think it will all work out, but these steps will help solve many challenges for the tenant and landlord.
Bobby, excellent list. I think I will include this in both email form and as an attachment to my rental agreements. Most think that the deposit is given as they walk out the door. On a higher end unit many years ago I had a dental student who was excellent pay for the 4 years. He was moving out of state. Wanted his money yesterday. So I agree and brought him cash after all he paid on time etc... He left late that evening, when I return I found damage about 2k worth. the rent at that time in the early 90s, about 500.00. This is a good checklist.