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RETURN OF YOUR SECURITY DEPOSIT
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In almost
EVERY STATE, the landlord is required to return your security
deposit in a TIMELY FASHION. IT IS DEFINED NUMEROUS WAYS.
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STEPS TO TAKE TO GET A RETURN
OF YOUR SECURITY DEPOSIT
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MOVE-IN INSPECTION. When you
move in your home or apartment, make a list and take photos of
the apartment and any damages. Typically, you should do a walk
through with the owner or manager prior to moving in. Have them sign an acknowledgement of the damage and note what (if
anything) will be done. This will help you when you move
out.
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USE OUR FREE MOVE IN / OUT CHECKLIST
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MOVE-OUT NOTICE. A lease may
require that the tenant give the landlord 30 days OR MORE
written notice prior to move-out in order to get the security
deposit back. Even if the lease
does not require it, notify the landlord prior to moving.
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ALSO REFER TO THE
FOLLOWING ON RENTLAW.com
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MOVE-OUT INSPECTION. When
the tenant prepares to move, the apartment or home should be
cleaned and the landlord asked to appear for a move out
inspection. The tenant should fill out another inventory form,
similar to the move-in inventory. Ideally, you should have a
copy of the original move in form - for both your use and the
landlord.
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USE OUR FREE MOVE IN / OUT CHECKLIST
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RETURN THE KEYS The keys
should be turned in on the exact day the tenant vacates the
premises. If the keys are turned in later, the landlord may be
able to charge the tenant additional rent or other charges under
the lease. A tenant's actual move out date may be considered
to be when the keys are turned in or the end of the lease -
whichever is later!
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SECURITY
DEPOSIT DEDUCTIONS
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A landlord cannot legally deduct for normal
wear and tear. This refers to deterioration which
occurs during regular, daily, intended use of the rental unit,
for example nail holes in the walls from pictures or paintings.
- See
our guide to Normal Wear and Tear.
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If the landlord makes any
deductions from the deposit, a written, itemized accounting of
how much is being charged for each item must be sent to the
tenant. If the landlord fails to provide such an accounting
within 30 days* (TIME VARIES BY STATE) after the tenant moves
out, the landlord may forfeit the right to withhold any part of
the deposit. Furthermore, the deductions
taken from the deposit must be for actual damages suffered by
the landlord.
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DISPUTING
SECURITY DEPOSIT DEDUCTIONS
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If a tenant receives a list of
deductions, it is possible to dispute items on that list. The
deductions should be addressed by the tenant in a letter sent to
the landlord. The demand letter should include a response to
each of the deductions, explaining which charges are being
disputed and why. The tenant should keep a copy of the letter
and send the original by certified mail, return receipt
requested.
If the tenant receives a partial refund along with the list of
deductions and wants to dispute some or all of the deductions,
the tenant may want to refrain from cashing the check. If the
tenant must cash the check then the tenant should tell the
landlord in the letter that even though the check has been
cashed, it does not mean the tenant agrees with the amount of
the check.
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