Apartment Security Deposit

First let us define exactly what an apartment security deposit is. This is money that is paid by the tenant to the landlord as a means of monetary security to the landlord. Depending on your lease agreement this might actually be based on several reasons, in the event of damage to the apartment, un paid bills on the apartment or failure to quit the premises by the tenant based on the terms of the lease agreement (such as remaining in the premises after the lease is up). The tenant will be given back the apartment security deposit back when they move out of the apartment, the landlord goes in and inspects it and makes any deductions for repairs that were caused by the tenant or costs for restoration of the apartment. However there are a few things that you should do to secure your apartment security deposit to ensure that you do get back the majority if not all your security deposit money.

Point Out All Damages Before You Rent: Point out all damages before you rent any apartment to the landlord and have him/her document those damages in the lease.

Take Pictures Before And After You Leave: Ensure that before you occupy the premises especially of the damaged areas of the apartment. When you are leaving you MUST do the same, the actions of a landlord are very unpredictable and they might claim that you created new damages and those pictures might be the very proof you will need in a small claims court.
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Don’t Create Unnecessary Damage: Don’t bore holes in walls to hang pictures, don’t use new paint if you don’t have to and don’t make any other major alterations.

Leave It The Way You Found It: Use those images to create exactly the same look when you got the apartment to the day that you are leaving it.

Invite Your Landlord For An Inspection On The Day You Quit The Premises: Invite the landlord to come and view the premises on the day of you quitting the premises, that way you both can have a bird’s eye view of the state of the apartment at the same time.

Know The Law For Your State: Use the chart below to determine the laws within your state on how long it takes for a landlord to refund your apartment security deposit and what exactly he can do with it.

However you must note that the landlord has the right in most cases to deduct for the following:

  • Broken plate glass windows
  • Damages to concrete or dry wall partitions (holes to hang pictures)
  • Cigarette marks of sofas and other furniture or cooking burns on a wall by a stove or fire.
  • Where pet droppings or stains exist on the carpet or dry walls

The landlord does not have the right to use your apartment security deposit for

  • Repainting
  • Worn down carpets or furniture
  • Cleaning out an apartment.

There are many disputes over apartment security deposits mainly based on the definition of what Norman wear and tear is as is described in most apartment leases. If you don’t like what a landlord has done just file suit against him in a small claims court, ten chances to one you will win if you followed the steps above.

 

STATE                       MAXIMUM NUMBER OF DAYS
Alabama                    No statutory deadline
Alaska                        14 days
Arizona                      14 days
Arkansas                   30 days
California                   60 days
Colorado                    30 days
Connecticut               30 days
Delaware                   20 days
District of Columbia   45 days
Florida                       45 days
Georgia                     30 days
Hawaii                        14 days
Idaho                        30 days
Indiana                      45 days
Iowa                          30 days
Kansas                      30 days
Kentucky                   60 days
Louisiana                   30 days
Maine                        30 days
Maryland                    45 days
Massachusetts          30 days
Michigan                    30 days
Minnesota                 20 days
Mississippi                 45 days
Missouri                     60 days
Montana                    30 days
Nebraska                   14 days
Nevada                      30 days
New Hampshire         30 days
New Jersey                30 days
New Mexico               30 days
New York                   No statutory deadline
North Carolina           30 days
North Dakota
            30 days
Ohio                          30 days
Oklahoma                  30 days
Oregon                      30 days
Pennsylvania             30 days
Rhode Island             20 days
South Carolina           30 days
South Dakota            14 days
Tennessee                No statutory deadline
Texas                        30 days

Utah                          30 days
Vermont                    14 days
Virginia                      30 days
Washington               14 days
West Virginia             No statutory deadline
Wisconsin                  20 days

 

 

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