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INTEREST ON SECURITY DEPOSIT
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When a tenant signs a lease, they
are usually required to provide the landlord with a SECURITY
DEPOSIT.
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The SECURITY DEPOSIT is to ensure
that when you leave, you have not caused damage above Normal
Wear and Tear. The
deposit will also be applied to unpaid rent and late charges.
You may also be responsible for any other fees such as
utilities and cleaning costs they are a permitted charge
by your lease or by law.
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The deposit
is NOT to be used to pay the last month's rent, although many
tenants elect to do so. If you do so WITHOUT the landlords
permission, they may be entitled to charge you a late fee -
which would come out of the security deposit.
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SECURITY DEPOSIT INTEREST
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Today, the interest rate earned on
MOST security deposits is minimal (assuming you are not paying
thousands in rent). The average interest rate in varies from
year to year, may be set by state law or may not apply at all to
your rental. If you provide a
security deposit to your landlord DO SO BY CHECK OR MONEY ORDER.
Keep a copy for your records. Many states require the landlord
to provide you a written statement (which may be in your lease)
where your security deposit is held. Many states also require
the landlord to credit you each year with the interest earned on
your deposit.
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THE SECURITY DEPOSIT CALCULATOR
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Generally, interest on a security
deposit is called SIMPLE INTEREST.
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To calculate what you may have
earned or have to return we use the simple interest formula:
Principal x Interest (for a full year)
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Example of Calculating Security
Deposit Interest FULL YEAR
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Principal (the deposit) = $1,000
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Interest = 1% which we change to
.010
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$1,000 * .01 = $10
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Example of Calculating Security
Deposit Interest PARTIAL YEAR
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$1000 * .01/12 * 7 (or any number
of months) =
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ARE YOU ENTITLED TO INTEREST ON
YOUR SECURITY DEPOSIT
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Each state and many cities and
towns may have special rules depending on a number of
conditions. Some of them can make your head spin. Look
at your STATE LAW to see if your unit qualifies and
how your town, city or state rules impact you - either as the
landlord or tenant.
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Some examples that may or may not apply to you: |
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- Owner Occupied, 1-4 units
n/a |
- Short term rental |
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YOU SHOULD ALWAYS ASK FOR A
RETURN OF THE SECURITY DEPOSIT in WRITING |
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In
many states, you must send a DEMAND LETTER - which is simply a
letter requesting your landlord return your security deposit.
EVEN IF you do not have to in your state, you should do it
anyway. Send it CERTIFIED MAIL. ALWAYS PROVIDE YOUR NEW MAILING
ADDRESS. IF you fail to REQUEST YOUR SECURITY DEPOSIT be
retuned, you may forfeit your right to it. Look
at your STATE LAW. |
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ALWAYS DEPOSIT YOUR TENANTS SECURITY DEPOSIT |
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Be
smart. ALWAYS deposit YOUR TENANTS SECURITY DEPOSIT (it's the
tenant's money til they move out) in an INTEREST BEARING ACCOUNT
and NOT IN YOUR ACCOUNT. Go to the bank and ask to open a
LANDLORD TENANT ACCOUNT. Smaller landlords will have separate
accounts. Larger landlords MIGHT have one overall security
deposit account. |
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