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