Rental Deposits Returned
Make sure when you sign a lease that you read it – in its entirety. Some may state that if you obtain a pet during the course of your rental, the deposit doesn’t have to be returned. Other contracts state that before you move you’ll be responsible for shampooing the carpets, washing the windows, cleaning cabinets out completely, mowing the grass, and other chores. Monies spent for these services can be deducted from your deposit, if so stated in the contract, if you fail to perform these duties.
Within a week of moving in make a list of the current damages as they are. Write down every little thing, such as cracked molding, torn screen, broken door lock, missing refrigerator rack, and other damages not caused by yourself. Take pictures if you can. Ask the landlord to sign and date the list and if he won’t, ask someone else. Do not ask another person who resides with you, a really great friend, or a family member. Instead, ask your preacher, a neighbor or someone not closely related to the subject.
Take the document to a notary as an extra precaution. In case of later dispute, a judge will view your list as admissible evidence that you yourself did not cause the damages. If you concur that some damages were caused by yourself, but not enough to keep the entire deposit, make a list of these damages as well. A judge might well be impressed that you are willing to admit the damages that you have caused and allow you a portion of the deposit.
While renting check with your landlord before you do certain things to the place. Something as simple as placing adhesive rubber fish in the bottom of the tub to keep from sliding could be seen as damage, by the landlord. The same can be said of wallpaper borders, using sun protection film on the windows, or even staining the deck. Always ask the landlord for permission before adding any extra touches that actually affix to the property.
When you move out leave the place in perfect condition. Clean out all appliances, make sure rugs and drapes are cleaned and be sure the bathroom is spotless. Do small repairs yourself. A torn screen replacement is not expensive, but the landlord is allowed to charge you the price of the screen plus the labor to have it replaced. This is considerable more than it would cost for you to simply replace the screen.
Also when you move away, do so on time. The contract may allow for a specific amount of money, per day, for each day you stay beyond the end of the month. If your rent started on the 15th, you should have until the 15th of the month to move. Some leases even state that if you don’t move out on time, the deposit – the entire deposit – may be kept by the landlord. Other contracts allow the landlord to keep the deposit if you move out before the end of the contract. Make sure you understand your contract and review it before moving.
Go online to check the laws in your own state. In some states, the renter must send a written request for the deposit money within a certain amount of days. In other states, the landlord must send the deposit or a list of damages within a limited amount of time. If the landlord fails to give you the deposit back, after you’ve inquired about it legally, your only recourse is to take him to court.
Small claims court does charge a fee for filing but you can request the judge give an order to recoup not only the deposit but the filing fees as well. In some states, if you cannot afford it, there are papers you can fill out which request that the filing fee be waived. You will have to prove financial despair for this action to proceed.
For the price of the filing fee some people simply sign up for a pre-paid attorney program. These programs are paid for monthly, like insurance, and when an attorney is needed, one in your town will be hired for you. The attorney will usually send a request for the deposit to the landlord, on the firm’s letterhead, which is usually all it takes for the landlord to comply. In case he doesn’t the program will provide you with an attorney to accompany you to court. Small claims court doesn’t require that you have an attorney so you may want to proceed on your own.
Keep a few things in mind when renting or moving: treat the place as if it were your own investment, make small repairs throughout your stay, don’t remodel without the permission of the landlord, and leave the place in as good a shape as it was when you rented. In most cases, your deposit, at least a portion of it, will be returned eventually.
