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FACTSHEETS - How Secure is Your Security Deposit?
From the Nolo.com Landlords & Tenants CenterLong before you move out, take steps to make sure your security deposit will be there when you expect it.
During the exhausting process of moving into a new apartment, the last thing on your mind is moving-out day. But since your landlord is probably holding a sizable chunk of your money in the form of a security deposit, it's awfully risky not to prepare for the end of your tenancy right from the beginning. So before you start unpacking dishes and hanging prints on the walls, take a few simple steps to avoid the misunderstandings and disagreements that have made disputes over security deposits legendary.
Looking Under the Hood
Give your unit a thorough inspection before you move in. (Better yet, do it before you sign the lease!) It's best to inspect the premises before you move in; it will be easier to spot problems while the place is bare.Don't neglect to check out things that might not be readily apparent, such as water pressure and sink drainage in the kitchen and bathrooms, the operation of appliances, the appearance of floors and walls, and the condition of the pads under the carpet.
The State of California does not require a landlord to provide a move-in statement.
A Picture Is Worth...
Besides completing a checklist, you may also want to document the condition of your unit with photographs or video. If you take photos, have doubles of them developed immediately, write the date they were taken on the backs and send your landlord a set as soon as you get them back. That way your landlord won't be able to claim that the photos were taken later than they actually were. If you can, use a camera that automatically date-stamps each photo. If you videotape the premises, clearly state the date and time while you are taping, make a copy and send it to your landlord right away. Repeat this process when moving out.
Getting Your Deposit Back
If you've taken all the measures described above, you'll be well-protected when you move out. Still, until you get back your money there's always room for disagreement. Thankfully, most states hold landlords to strict guidelines as to when and how to return security deposits. Landlords who violate these laws can be held to stiff penalties.
Landlords are typically required to return security deposits from 14 to 30 days after you move out. The landlord must send to your last known address either:1. Your entire deposit (plus interest, in some states) or
2. A written, itemized statement describing how the deposit was applied to back rent, cleaning or repairs, plus the remainder of the deposit.
The general rule is that you are not responsible for normal wear and tear. If you cause damage by your unreasonable carelessness or deliberate misuse, however, you must pay for it. And you must leave a rental at least as clean as it was when you moved in. For example, if an entryway carpet must be replaced because it has simply worn out, that's the landlord's responsibility. But the cost of replacing the dining room carpet because your fish tank sprang a leak will properly come out of the deposit.
Because "normal wear and tear" can be interpreted many different ways, disputes often arise. The bottom line is that the better you itemize and document the condition of your unit when you move in, the better case you'll have against a landlord who tries to gouge you on the way out.
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© 2004 Nolo.com.Disclaimer of Liability:
The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.
Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.