A security deposit is a sum of money paid by a tenant to their landlord in order to protect them from repair and excessive cleaning bills.Should the tenant leave the property in need of cleaning and repair, these could arise.The landlord must return the deposit if there are no repairs or cleaning.Sometimes landlords are slow in withholding the deposit.If you are dealing with a landlord who is not returning your deposit, you can challenge him.
Step 1: The move-in condition of the property should be documented.
A thorough audit of the property is the first thing you should do when you move into a new house.The purpose of this is to record the condition of the property when you moved in so that you have a reference point.Make a note of any damage or items that need to be cleaned.Take pictures of every room and damaged areas.If you can, do the walk-through with your landlord and have her sign off on your notes.Bring a friend with you if she isn't available to witness the condition of the property.The resolution of any issues with your deposit can be made much easier if you are clear and unambiguous at this stage.You might be given an inventory of items by your landlord.If you look through this, you will see that it matches what is in the house.
Step 2: The property should be kept clean.
It's important that you maintain and look after the property when you are living there.A landlord may keep all or a portion of a tenant's deposit to cover cleaning expenses after the tenant moves out.If you keep the property clean, extraordinary cleaning expenses will not be deducted from your deposit.It's better to clean it regularly than to do a huge clean before you leave.It's important to pay attention to ovens.Cleaning your oven on a regular basis will help keep it free of greasy build-up on the walls and burnt crumbs.The self-cleaning cycle should be used to clean ovens at least twice a year.If your oven doesn't have a self-cleaning cycle, you can clean it manually by following the directions on a can of oven cleaner.The flooring is made of wood.Your floors can become dingy in appearance if you don't clean them regularly.The carpets should be vacuumed once a week.There are windows.Take down window treatments twice a year, wash windowsills and window frames with soap and hot water every two to three months, and clean windowpanes with a glass cleaner at least once a month.Paint and wall coverings.Walls should be washed with soap and water at least twice a year.If you smoke or have young children, you may need to wipe down your walls more frequently.A fresh coat of paint can make this job a lot simpler.There are bathroom fixture.To help cut down on lime and soap scum build up in the bathroom, you should scrub the tub and sink once a week.
Step 3: The property should be kept in good repair.
You need to deal with repairs quickly and efficiently in order to keep the property clean and sanitary.When you try to get your deposit back, don't let anything build up.Legal definition of normal wear and tear is fuzzy.You should leave the property in the same condition as you found it in order to limit the risks of problems.Most residential leases require a tenant to make minor repairs and report them to the landlord in a timely manner.To find out which repairs are yours, check your lease.Take care of those that are yours immediately, and report all others to your landlord.Minor leaks should be cleaned up immediately.Tenants are responsible for water damage and mold growth due to lack of basic plumbing maintenance.You should look up your local laws.If the cause of the mold is structural, it is the landlords responsibility, but be sure to inform them.Air filters and ductwork need to be cleaned.The manufacturer's instructions should be followed for furnace and air conditioning units.If you don't know how to maintain your unit, ask your landlord for information or check the manufacturer's website.
Step 4: Give enough notice.
It is important that you give your landlord the required notice when you decide to leave the property.30 days of notice is often enough.You should be clear with your landlord if you don't know this.You may have to pay rent for the time after you leave if you don't give enough notice.Send your notice letter by registered mail if you make a copy.Speak to your landlord to make sure there is no problem after you've sent it.If there is a dispute, it's important to keep copies of these documents.
Step 5: The property should be left clean and in good shape.
The property needs to be cleaned.You should wash the windows, windowsills, baseboards, walls, switch plates, and ceilings before you leave.Light bulbs and ceiling fans should be replaced.The carpets should be cleaned with a carpet cleaner.All appliances should be cleaned inside and out.When you moved in, keep in mind the property's condition.You should leave it as you found it.The best way to impress your landlord is by leaving a clean property.To avoid under or over cleaning, it's a good idea to contact your landlord first and confirm her expectations for the cleaning.
Step 6: Document the property's condition.
You need to repeat the audit that you did when you moved in after you have completed the final clean.You can use the initial record as a guide to document the condition of the property and its furnishings.There is a lot of evidence of the property's condition.Ensure that your photographs are large enough to show the details and that they are clear.If your phone does not take high quality pictures, you may want to consider using a digital or film camera.You can take a walk-through of the property with a video camera.If you need to use the video in court, you might want to act as the camera-man yourself.You can make copies of the move-out checklist when you leave the property.
Step 7: Your landlord should be invited to look at the property.
Before you sign off on your deposit, you should speak to the landlord who will need to inspect the property for damage.It's a good idea to be present when your landlord does this and bring a copy of your documentation with you.There are laws in some states that require the landlord to let you know when they will conduct the inspection and offer you the chance to be there, but this is not the case for every state so be sure to check your local regulations.
Step 8: Your landlord should return your deposit if you mail a letter.
Inform the landlord that you have left the property and would appreciate the return of your deposit once she has had a chance to complete any checks and paperwork.When mailing the letter, make sure to include copies of the photographs of your property as well as your completed move-in and move out checklists.Extra copies of your records of the property's condition are required.If there is a dispute with the landlord, you need them.
Step 9: The deadline for returning the deposit has passed.
If you haven't received the deposit or confirmation from the landlord that it is due to you, you should check to see if they are in violation of the regulations.Depending on the state, you should hear from the landlord within a few weeks of moving out.Determine how long your landlord has to return your deposit by checking your state's code.Find your state's website is one of the ways you can locate your code.You can find many states websites by typing the state postal code into your browser address bar.Try it!The official state code can be found on most state websites.Run a search.You can use your favorite search engine to find your state code.For example, if you wanted to find California's state code, you would search for it in either California or North Dakota.Information on your state's laws can be found in an online database.
Step 10: Write a letter.
If your landlord's time for returning your deposit has passed, try appealing to them more informally first, but if you don't receive anything you will need to write a demand letter.The letter will give the landlord a certain number of days to return to your deposit or provide an explanation for not doing so.It is important to give a clear deadline when writing a demand letter.A party usually gets 10 days to comply with a demand letter.It's important to be specific about when the 10 days begins, for example, "within10 days from the date of this letter".If you don't return your deposit by the deadline, what will happen?A clear explanation of what will happen if the deadline passes is what makes giving someone a deadline by which to do something meaningful.If you don't receive your deposit within 10 days, you will be forced to take legal action to recover it.Legal proof that the landlord received your letter can be found in certified mail.Your copy of the letter should be kept with the return receipt.There is a website that can help you make a demand letter.
Step 11: You need to gather your evidence.
If you haven't received any notification about your deposit from your landlord, you may want to consider taking further action to get your money back.You should have complete copies of all the records before you go down this road.You will need all of the documentation relating to your deposit.You need the receipt and bank records to show that you paid the deposit.If you gather together your bank statements, you will be able to prove that you have always paid your rent.Before you moved in or out, make a record of the property's condition.You should include all the photographs in this.Be thorough.
Step 12: Call your landlord again.
After you have all the evidence, contact your landlord to make sure you don't file a small claim.If your landlord does not deal with your deposit, you will take them to court and write a letter to them.Making it clear to your landlord that you are prepared to go to court can help speed up the return of your deposit.The amount of your deposit and how you paid it should be clearly stated in the letter.You should include copies of the receipts.You should clearly state why you don't like the deductions your landlord wants to make to your deposit.A clear deadline is needed for a response.14 days is a reasonable amount of time to give them.
Step 13: You can file a small claim.
You can take your landlord to the small claims court if they don't return your deposit or itemized deductions.You can ask for a deposit, court filing fees and interest.If you are successful, you could recover monetary damages equal to two or three times the security deposit as well as the costs of bringing the claim in court.You can find information on filing a small claim on the website.Filing a claim is always a last resort, so be sure to exhaust all the other avenues first.You can get your deposit if you have a legitimate complaint.A small claim can be filed for as little as $50, and will be dealt with quickly by a Judge.The key to winning is having clear documentation and records of the property's condition.Copies of your deposit payment and letters to the landlord are required.