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Disclaimer...Legal information is not legal advice.  This site provides general legal information, not the application of law to a particular individual or situation.  This site is is not responsible for any errors or omissions.  All information in this site is provided "as is," with no guarantee of accuracy, timeliness, completeness or of the results obtained from the use of this information.

 

 

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Security Deposit Refund

Landlords almost always require new tenants to provide a security deposit before renting an apartment.  This is an amount of money that is designed to protect the landlord in case the tenant abruptly abandons the property without paying rent or if he causes damage to the property.  It is different from a "cleaning deposit" or the last month's rent and should be so specified in the lease agreement.  The security deposit can be an amount equal to the total of two month's rent, but in most states, not more than that.

 
The best way to ensure the complete refund of your security deposit is to leave the property you've rented in the same condition it was in when you moved in, except for expected wear and tear, and to follow the terms of your lease when you move out (give thirty days' notice to your landlord).  Once you have cleaned the property (your landlord may give you a list of cleaning instructions), it is a good idea to schedule a time a with the landlord a couple of days before your lease ends to go through the property so he can tell you for what damages he may deduct money from your deposit.  This way, you have time to correct them before the final walk-through (take pictures as evidence that the property was left in good condition) and a better chance of having your entire security deposit refunded to you.  If the landlord does not refund your money in full (a landlord usually has 2 weeks to a month to refund your money), you should receive a statement of charges.  If you do not, write to him to request one.  If you do not receive one or do receive it but disagree with the charges, your only real recourse is to file suit against your landlord in small claims court.  

You may want to consult with an attorney before going to court to ensure that you are as prepared as possible to win your case.

Want to sublet your apartment?  You might want to double-think that.

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Disclaimer...Legal information is not legal advice.  This site  provides general legal information, not the application of law to a particular individual or situation.  This site is is not responsible for any errors or omissions.  All information in this site is provided "as is," with no guarantee of accuracy, timeliness, completeness or of the results obtained from the use of this information.