A security deposit is a fee charged to you when you move into an apartment or dwelling to cover the cost of any damages to the property you cause while you reside there. It is always in your best interest to ensure that you know the exact terms of the security deposit and all of its ramifications. Because a landlord can define damages, it is important that you do everything possible to protect yourself against fraud. This article explains the security deposit and what you can do to protect yourself when moving into a new apartment or dwelling.
Before You Move In
Before you move into any new apartment, it is imperative that you and the landlord do a walk through to examine the condition of the apartment. Use a checklist, and examine everything in the documentation of the security deposit papers to determine what will be looked at, and the condition of the things listed. A very good checklist in Word format can be obtained from RentLaw.com. The best thing for you to do before actually moving in is to take pictures or record a film that shows all details of the apartment, especially anything that could constitute damage. You can be charged for an oven that is dirty when moving out - ensure the condition of the oven before moving in. Other simple things such as a refrigerator that needs defrosting can be charged to you. If you have a checklist and pictures before you move in, and do the same when you move out, your chances of winning in court, if that step must be taken, are much better. Without documentation, you stand no chance of winning if you get billed for things that were present when you moved in. It is also to your advantage to have the landlord sign any checklist or documentation you provide attesting to the condition of the apartment.
What Is Normal Wear and Tear?
This is a very gray area and one place where you run into difficulties when leaving an apartment. Such things as faded paint are no fault of your own, and you should not be charged for repainting. A faded carpet is normal. Be sure that you take pictures of the carpeting if there are any worn areas. Here's a list of thing considered normal wear and tear:
- Faded paint.
- Worn carpeting.
- Worn hinges and locks on doors.
- Holes in the wall from the lack of a door stop. Be sure to check that they are in place when moving in.
- Broken plumbing, unless you have caused the damage. Older dwellings may have roots growing into the sewer lines, causing issues you have no way of controlling.
- Dusty blinds.
- he bulb in the refrigerator blown out.
- Faded curtains. Be careful here - if you replace curtains and do not remove them when moving out, you can be charged.
What Is Considered Damage?
This is another gray area, and one to be cognizant of. Little things you would never think of, such as a dirty oven or dirty vents on a refrigerator can be charged to you as damage. Here we list what can be considered damage to a rental property.
- Holes in a wall from hanging pictures. Also decals and stickers.
- Tears, animal stains, and burn holes in carpeting caused by smoking.
- Dirty walls stained by nicotine.
- Broken windows or glass.
- Holes in doors.
- Holes in walls that weren't there when you moved in.
- Drains clogged because of your misuse. If apartments are rented to young women, proper disposal of feminine products must be adhered to.
- Flea infestation from pets, even though you may have approval to keep them.
- Excessive mildew in bathrooms. Clean them on a regular basis.
- Broken blinds or torn curtains.
- Broken shelves or panels in a refrigerator.
- A dirty oven.
- A refrigerator that badly needs defrosting.
Getting Back Your Security Deposit
If you have done everything possible to ensure that things are documented in your apartment before and after moving in, then when you leave, give the keys to the landlord. Always be sure to give your landlord your forwarding address, so that he can comply with the timeline for the return of your security deposit, minus any fees. Use common sense when leaving your apartment. Always clean it up. If you feel the apartment is a bit dirtier than it should be, ask your landlord what cleaning service they would recommend. The average cost of cleaning an apartment is around $135.00 for a full cleaning.
A security deposit is a legal document. It is your responsibility to comply. By using the suggestions in this article, leaving an apartment and getting your security deposit back should be painless.
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