Questions about security deposits


How can I get my security deposit refund?

First, give whatever written notice your lease requires. (Most leases require at least a 30-day written notice). Your security deposit cannot be kept for failure to give such notice unless the provision requiring it is underlined or in bold type in the lease.

To best assure refund of your security deposit:

  • You must stay for the full term of your lease.
  • You must give written notice of your forwarding address.
  • You must not be delinquent in your rent or other sums owed when you move out.
  • You must leave the premises in a clean condition and follow any other lease provisions regarding your security deposit refund.
  • You cannot deduct the amount of the security deposit from your last month's rent. If you do so, you can be sued for three times the amount of the deposit plus attorney's fees.
  • Go through your apartment or other rental property with the manager to check its condition against your "move-in" inventory checklist.


When should I receive my security deposit refund?

Within 30 days of your move-out, your security deposit or an itemized description of deductions must be mailed to you. If you don't receive a refund or explanation postmarked within the 30-day period, you may sue for three times the amount illegally held, plus attorney's fees and a $100 statutory penalty.

 
What can be deducted from my security deposit?

  • Any charge specified in the lease or any charge resulting from your breaking the lease.
  • Charges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. "Normal wear and tear" items cannot be deducted.
  • Unpaid rent and other unpaid charges listed in your lease, such as those for late rent payment, returned checks, animal violation charges, missing furniture or fixtures, keys you don't return to the management, etc.
  • The reasonable cost of cleaning if you fail to properly clean before you leave. Many rental properties have written cleaning instructions for you to follow.

Any deduction must be listed in a written description and itemization mailed to you on or before 30 days after you leave. However, there is no obligation that you be furnished this information if you have not paid all of your rent or if you have not given your forwarding address in writing.


Can I deduct my security deposit from my last month's rent?

No. You cannot deduct the amount of the security deposit from your last month's rent. Your security deposit is not part of your rent payment. It is money paid in advance to offset any damages you cause or other non-rent amounts you owe to the property while you live there. If you deduct your security deposit from your last month's rent, you can be sued for three times the amount of the deposit plus attorney's fees. You may also be responsible for a reletting charge and unpaid rent.


What should I do if I disagree with deductions made from my security deposit?

You have a number of options. You should first discuss your situation with the onsite management, and try to resolve any issues. If that fails, you may want to contact the management company office or the property owner to complain. You can also contact the TAA affiliated local association in the area where the property is located, for more information or referrals to other sources of assistance. You can also sue the owner for what was wrongfully withheld plus statutory penalties and attorney's fees.