Many tenants may have serious problems recovering all or part of their security deposit. The most frequent problem involves proof of the condition of the rental property at the commencement of the tenancy compared to the condition at the termination of the tenancy. The best way to avoid this problem is to keep complete records of all transactions between landlord and tenant. This is especially important if the tenant finds it necessary to bring an action in Small Claims Court to recover the security deposit.

 - USE OUR FREE SECURITY DEPOSIT REFUND REQUEST LETTER

Small Claims Court is designed to handle lawsuits to recover sums of money up to  a maximum threshold which varies by state.. There MIGHT NOT be a  need to hire an attorney because the judges don’t follow the formal courtroom rules and procedures. Both parties tell their stories to the judge informally.

However, it is important to be prepared and to have your case documented. For this purpose, the tenant should keep the following items in a safe place:

- The receipt and/or cancelled check showing that the security deposit has been paid.
- A copy of any written lease or rental agreement.
- A copy of the written request for a list of existing damages made by the tenant within 15 days after moving in.
- The landlord’s list of existing damages.
- The tenant’s own list of existing damages signed by the landlord and/or witness.
- Any photographs taken of the property.
- A copy of the tenant’s notice to quit.
- Any signed statement by the landlord and/or witness concerning the condition of the property upon the tenant’s termination.

In order to have records of correspondence between the landlord and tenant, any letters sent to the landlord should be sent Registered or Certified Mail. This provides a document trail and confirms receipt of mail between you and the landlord. Keep the return receipts with the above materials

Steps to Take to Get Back the Security Deposit
A tenant must meet all of the above conditions to get a refund of the deposit, but meeting those conditions is not all the tenant should do. The chances of receiving return of the deposit will be increased if the following suggestions are also followed:

Move-in Inventory Inspection. When you move in your home or apartment, make a list and take photos of the apartment and any damage. Typically, you should do a walk through with the owner or manager prior to moving in. Get them to sign an acknowledgement of the damage and note what (if anything) will be done. This will help you when you move out.

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.

Move-out Inventory 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.

Turn in 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 is often considered to be when the keys are turned in. If you fail to turn the keys in, the landlord may charge for lost keys. *** USE OUR FREE SECURITY DEPOSIT REFUND REQUEST LETTER

What Can the Landlord Deduct from the Security Deposit?
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.

Deductions from the Security Deposit
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 15-45 days 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. For information and what MAY be considered damages, see our guide to Normal Wear and Tear.

How to Dispute Deposit Deductions
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 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.