How to hold onto your security deposit
Landlords routinely ask for a security deposit–usually one month’s rent–when renting. The security (or damage) deposit is a way for the landlord to recover for unusual damage. Holes in the wall, for example, or stains in the carpet. It is not a way for a landlord to fix damage that is the result of ordinary wear and tear.
When you move out, the landlord must return the security deposit, plus interest, but he or she can deduct anything he or she actually spends to repair damage.
But it seems like some landlords cannot bear to give back the security deposit, and so they come up with all kinds of bogus charges. The secret to holding onto your security deposit is being able to prove you left things in good order. The only way to do this is by carefully documenting the condition before you move in and after you leave.
Here is how.
Documenting damage
Before you move a single thing into the apartment, take a camera and stand in the center of each room. Start by taking a picture of a piece of paper with the name of the room on it. (You will need this to remember what you were taking pictures of when you move out months or years later.) Then take pictures of the ceiling and floor, and keep snapping as you turn in a circle. If you spot any damage–carpet stains, dents owill have a certain r holes in the wall, etc.–take a close-up picture.
This is your baseline.
When you are done, file those photos away on your hard drive where you can find them again.
When you move out, do the same after you have cleared out all your belongings and cleaned the unit.
It’s that easy. Hold onto the pictures in case you need them.
Getting it back
After you move out, your landlord should give you an itemization of any damages and the cost to repair them. Landlords may recover money for damage, but not for ordinary wear and tear. If you think the charges are wrong, pull out your photos and look closely. If the carpet really did need to be cleaned, it should show up in your pictures of the floor.
If you think the charges are off, start by taking it up with your former landlord. Show them the pictures and ask why they felt the need to do the work in question.
If you get no response, take them to conciliation (small claims) court. The party with the best evidence will usually win. And if you have pictures from move-in and move-out, and they back up your argument, you will probably win.
Tags: landlord-tenant, landlords, renting, security deposit
Filed under: Personal Finance Tips
Suppose I did not take any pictures when I moved in? The security deposit I provided them was listed in my rent agreement so I do not feel concerned with them trying to screw me out of it, however, when I move out I want to avoid all problems. What steps should I take to document normal wear & tear versus damage.
Chris: We do not give advice on personal situations. However, you can easily see the problem if you do not have pictures from when you moved in. You have no baseline for comparison. So if there is damage when you move out, you will not be able to prove it was there when you moved in, if that was the case.
Hopefully you received and filled out your move-in damage sheet in detail.
My rule of thumb with owners of rental property is to move everything out except a couple of things — a futon, a tv, a backpack with some clothes, and a couple of books. I clean everything and repair any damages. I do a good job. Then I tell them I’m not leaving until I get every penny of my deposit back. The (implied) threat is that I’ll destroy the place if I don’t get what I’m owed. It’s not the proper legal approach, but I don’t trust owners, I don’t trust the court system, and I came to this strategy after being ripped off once. The only certainty lies in this kind of hardball argument — pay me what you owe me, or I’ll cost you thousands and thousands of dollars.