Introduction
Relocating from a rented house can be very thrilling but at the same time challenging. Another point that renter concerns themselves with is to get the security deposit back. After all, that money represents a substantial part of your income which is earned in most cases very hard and with great efforts. If you are dreaming of a new apartment or just changing the location or the house in which you live, it is essential to know how to get your deposit and cash it as quickly as possible. In this post, I am going to explain how to go about it, use real-life episodes, and give tips from professionals to guarantee that you get every dollar that rightfully belongs to you.
Understanding Your Rights
It is, therefore, crucial to know your rights as a tenant before getting down to business and knowing about getting back your security deposit. Generally, every state has some specific provisions as to when and how often the landlord ought to return security deposit. Commonly, a landlord has to refund the deposit within 2-3 weeks from the day when the tenant moves out. An account holder must also be availed with a schedule of deductions taken from the deposit made by him.
For instance, if you have relocated from an apartment in California, your landlord has 21 days to tender your security deposit or show you the break-down. If they don’t adhere to such rules, they are subjected to some repercussions such as forfeiting the deposit.
Document Everything
It is, therefore, imperative to document all the processes in order to avoid creation of room for the tenant to argue for their retention of the security deposit after they leave the premises. Take photos of the rental unit when you get it, during your occupancy and before leaving the house. This visual evidence can turn out to be very helpful especially if there is some disagreement between you and your landlord.
For instance, should there be a small hole on wall found when moving into the house, you should take a photo and forward the same to the landlord. In this way, you would be in a position to substantiate the fact that the damages were there prior to the time you moved in. Similarly,
Conduct a Move-Out Inspection
This should be done from your landlord or property manager, and you should request for a move-out inspection. This inspection will enable you to know which areas that may compromise your security deposit are weakened. If possible, do a physical inspection with the landlord himself or herself in order to discuss even the minor problems.
For instance, if the landlord sees a stain in the carpet then the respondent can suggest how this has to be dealt with or he/she can undertake the task of cleaning the stain. Through this book, it goes to show that you are willing to compromise and this kind of attitude prevents conflicts to occur.
Clean Thoroughly
To meet these clauses and so as to get back the security deposit as soon as possible, it is wise to leave the rental unit clean. Ensure that every part of the house to the corners, and surfaces are cleaned to rid off dirt and bacteria including the hard to clean places like the oven, refrigerator, baseboards among others.
If you have doubts about the approach to cleaning specific zones, then it is better to address a cleaning company for help. Still, when it comes to returning the security deposit in full, it is worth spending money for a professional cleaning service.
Leave No Trace
When you leave, it’s important that you should not include any of the accessories in the house and the place should be left as new as possible. This means clearing them of any material including your personal belongings, rubbish and any stowage that may be in the house. It is for this reason that you should avoid leaving behind items since your landlord always has a basis for slashing down your security deposit.
For instance, if you were supposed to take out the trash but failed, or if you left a piece of furniture behind, then the landlord could demand for the amount of time which he had to spend for cleaning it up. Ensure that nothing is left behind in every room and in each and every square inch of the storage places.
Provide a Forwarding Address
It is also important always to inform the landlord where you can be reached in case of any communication by previous forwarding your mail to your new address. This small preparation helps you receive the security deposit refund as soon as possible. If you don’t have a permanent address, I should then request that it be posted to the address of a friend or a relation.
In some states, your landlord has the rights to keep your deposits if he was unable to find you within a certain period. To avert this, you should always ensure that your contact details are updated.
Communicate Effectively
It will also be highly advisable to keep good relations with your landlord and avoid any arguments during your tenancy period or within the time which precedes the vacating process. If you face any problem or have any concern with regards to your security deposit, it is advised to address them as soon as you can.
For instance, if you receive a deduction notice that of your consideration as unwarranted, you should talk to your landlord. In most cases communication can help clear misunderstandings and this minimizes chances of a dispute arising.
Know When to Seek Legal Help
In case none of the mentioned measures has been effective and the security deposit has not been returned, one should consult a lawyer. You should be able to work with an attorney to sue for breach of contract in small claims court so as to recover the deposit.
In almost all States, the procedure is quite easy and inexpensive where filing fees amount to less than $50. Always remember to ensure you have copies of lease, photos and any letters that you may have exchanged with the landlord.
For instance, if the landlord has taken money for the normal deterioration expenses, then you can manage to counter them by presenting your photo evidence and the lease agreement. Small claims court is usually easy for a layman to handle without the services of an attorney but in your case it is recommended that you talk to a lawyer.
Real-Life Examples
We will consider the following examples to explain the relevance of the indicated actions.
Example 1: The Power of Documentation
Sarah got a chance to photograph the rental apartment before occupying it. While staying at this house, she always observed a dripping issue in the bathroom, and she promptly informed her landlord about it. She also took photographic images of the leakage and the resultant damage caused. When she shifted her base out of the house, her landlord cut down her deposit for the bathroom fixing. Sarah opposed such feasibility citing her records and asserting that she had reported the issue to the landlord. On her part, the landlord obliged after going through the evidence sourced and agreed to return the deducted cash.
Example 2: The Importance of Communication
He shifted out of the apartment and felt that he had left the unit in the best of their state. However, his landlord take part of his security deposit for cleaning and maintaining minor damages. John was an initially shocked and so he decided to call the landlord to complain on the deductions. In the course of their discussion, the landlord never informed John that he did not receive the detailed cleaning report the latter sent. In this case, John was able to get his full security deposit back by making his side clear and availing the necessary documents.
Expert Insights
Writing for Forbes, healthylogo- Dagur Shadel who is a renowned fraud expert and a bestselling author emphasised that once an individual knows he or she has has been duped and some money has been transferred, he or she should act fast to notify the right authorities. Report the credit card violations to the bank and credit card companies, and report the fraud to the FTC and record all experiences of the scam. However, recovering is not easy but being proactive puts you in the best position of getting the funds back.
Although security deposit grievances do not fit into the category of scams, they share the same logic. These general rules of being proactive and documenting everything is likely to help in gaining back your security deposit.
Conclusion
This is because there are strategies that one can adopt to ensure that they retrieve their security deposit within the shortest time possible. To gain an overview about the rights of a tenant, writing everything down, conducting a move-out inspection, cleaning the rental unit, provide forwarding address, as well as proper communication, will enable the refund process to be as smooth as possible. In case things get out of hand, then seeking the help of a lawyer is not a bad idea at all. Just do not forget, it is your money deposited that was used to secure and you have the right to get it back.
FAQs
1. What is the period of time that the landlord has to return the security deposit?
How long is normal for a landlord to take in returning a security deposit or have different limits depending on the state however it averages 2-3 weeks. For state laws on this, please consult with your state laws you prefer as they have different emphases.
2. Is it legal for a landowner to take money directly from the security deposit that is paid by the tenant?
Yes but not without cause such as unpaid rent, damage to the property, or for cleaning if the state of the house is left beyond what is reasonable after a tenant’s stay. They should also give a breakdown of what they used the money for with particular concern to what constituted as deductions.
3. What happens if one has a concern with a specific deduction that has been made?
If you do not understand the deductions the landlord has made or do not agree with them, then i advise that, you should discuss the issue with the landlord. If the above does not work, try the small claims court option to bring legal action against him.
4. Is it necessary to give your forwarding address?
Yes it is good to provide forwarding address in order to aid the refunding of security deposit. In its absence, the landlord may struggle to pass any messages or important information to you.
5. Here below are some possible questions that many people have asked in similar situations:
If your landlord has not returned your deposit or given a lawful cause to retain all or part of the deposit, then one may need to involve the lawyer. It is also found that the small claims court is the best legal approach to recover any deposit that is owed by a tenant.
