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You might be under the impression that nobody ever gets their security deposits back. There are countless stories about landlords holding back the money for cleaning expenses, and apartment complexes citing damages done by previous tenants as the reason for holding the deposit. In fact, most tenants just give up and decide that getting the deposit back is more hassle than it's worth.
Then I heard two positive stories from friends and I realized that you can get your security deposit back if you play your cards right.
Stephanie moved out of her apartment after living there one year. She assured me that she left the place in excellent condition - and knowing how neat and clean she is, I can believe it. There was no damage of consequence to the apartment and the carpet was clean. Yet the management refused to give the deposit back, claiming that the apartment was damaged and dirty. Stephanie called and explained that she had photos of the apartment as she left it and it was clear that it was in perfect condition. Three weeks later she received her deposit in full.
Valerie rented an apartment for the three summer months for friends who were coming from Ireland to work. They spent little time in the apartment and left it in excellent condition. The landlord refused the deposit citing numerous bogus repairs as his excuse. Valerie took him to the small claims court and got her deposit back.
So take heart, there are ways to get your deposit back but you need to be prepared to fight for it, and have evidence to back up your claims. Here's a guide to securing that deposit.
Before you rent
It's important to find out some things about the apartment complex's policies or get some idea of your landlord's views before you decide to rent.
* Find out how much the deposit is. The amount will usually depend on the rent but a good average is $200 - $300.
* Be clear on what the deposit covers and write down that information. Does it cover damages and cleaning? Have the landlord sign your notes. Give him a copy and keep one for yourself.
* Other policies the management or landlord may have are also important. For example, there may be a charge for nails in the wall, for repainting, carpet cleaning and so on. Make sure you are clear on all the hidden charges you may be faced with at the end of your lease.
* How does the landlord want the deposit paid? Most will want you to pay the entire amount before you move in but others may allow you to spread the payments over your lease time. There is also a new alternative. Security Deposit Insurance allows you to pay small monthly fees. Ask the landlord if he has this program.
* Inspect the apartment. Walk through the property with the landlord and point out any damage left by previous renters. Remember that as soon as you sign that lease you are responsible for the property and you will be held liable for any damage - even if you didn't do it. At least you will be responsible unless you've written it down and had the list signed by landlord before you move in. Check everything and write everything down. Have the landlord sign it and keep a copy for yourself and one for the office records. When you move out, you and the landlord can check this list for damages that are not your responsibility.
* Start a file. File away all the documents you have compiled so far and keep this file for any correspondence relating to the rented apartment or house.
Moving in
* Take photos. Before you move in the furniture take photos of every room in the house or apartment. File them away.
* When you're moving in the furniture, cover the door jams to protect them against damage. Also be careful not to dent walls.
* Double check the property for any damage you may have missed in your original inspection. Write it down - you usually have a few days to discover any problems in the apartment. Have repairs seen to immediately and write down work notices given and repairs completed.
Throughout the lease period
* Any time a problem arises, keep a copy of the work order sent to the landlord and the date of the repair.
* If some damage occurs that will not be covered by your deposit, discuss the cost with your landlord and then price the repair for yourself. If it is cheaper to repair it yourself, then do so and show your landlord the result.
* Try to avoid doing things that will damage the apartment, like attaching bookshelves to the wall or changing the structure in any way.
* Make sure you keep up-to-date with all your utility bills. The landlord is entitled to take the deposit to cover any you leave unpaid.
Moving out
* Give a 30-day notice of your intention to leave. If you do not, you will loose your deposit.
* Make sure your utilities will be cut off as soon as you leave. If you move out with the utilities still in your name you will be responsible for the cost and the money due can be taken out of your deposit.
* Clean the apartment or house and have your landlord take a walk through inspection. Ask him to point out any repairs that will eat into your deposit. Get him to estimate the cost and have him write it down and sign it and keep a copy.
* Take more photos of the apartment after you have removed your furniture. If there is no damage and the place is clean, you should be entitled to your deposit back or at least a percentage of it.
* Consult with the landlord on when to expect the money. By law he needs to get it to you within 30 days of your departure.
After the 30-day time limit
* If you have not received the deposit or the agreed percentage after 30 days, your first action should be to call the landlord to discuss the delay. Remind him that you can meet with him to review the documents and photos relating to the apartment or house. Usually this will get him moving.
* If you still don't receive the deposit within the next couple of weeks, it is time to consult with the Better Business Bureau in your area. Explain your situation and act on their advice.
* If this does not work, it may be time to consult an attorney or take the landlord to the small claims court. Quite often just the threat of this action will have the landlord writing the check but if he persists in refusing you have every right to bring him to court. Armed with you documents and photos, you should have no problems.
I can't overstress the importance of keeping written records of everything and photos are invaluable. Be prepared to fight for it and that security deposit can be yours once again.
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