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Common Questions about Security Deposits
Contents
These are common questions about security deposits.
Questions about Fees and Security Deposits
A security deposit is money you give your landlord when you move in that must be given back to you at the end of the lease, unless your landlord has a good reason not to. Some good reasons for your landlord to keep it are:
- You haven’t paid all your rent;
- You haven’t paid all your utilities and your landlord has to pay them so the next tenant can have utilities; or
- You’ve damaged the home beyond normal wear and tear.
A fee is a charge that is not refundable. A landlord may charge fees, like cleaning fees, which are not refundable. These fees are not included in the total amount of the security deposit. The security deposit can only be one-and-a-half (1.5) times the monthly rent, but there is no limit on the fees a landlord can charge.
A security deposit is like an insurance policy for the landlord. Landlords use the security deposit to cover the repair costs for damage a tenant causes beyond normal wear and tear.
The security deposit can be up to one-and-a-half times the monthly rent.
For example, if you pay $500 a month in rent, the landlord cannot ask for more than $750 as a deposit. This is true no matter what the deposit money is called. If your landlord wants the last month’s rent plus a security deposit, the total amount you pay can’t come to more than one-and-a-half (1½) times your monthly rent.
Inform your landlord that you know the security deposit can only be one-and-a-half (1½) times the monthly rent. Keep communications about this in writing. Your landlord can’t deny you housing if you enforce your rights.
When you’re talking to potential landlords, you should ask if there’s a security deposit and how much it will be. You should ask if there are any other deposits or fees required before you move in or while you’re living there.
If there is a security deposit, the landlord must notify you in writing no more than 14 days after you get access to the property or your lease starts, whichever comes first. For more information on what the notice must say, and security deposits in general, read the article Your Security Deposit: What It Is and How to Get It Back.
If there is a security deposit, the landlord must notify you in writing no more than 14 days after you get access to the property or your lease starts, whichever comes first. The notice must tell you the landlord’s name and address. The notice must also tell you where your deposit will be held.
For more information on what the notice must say, and security deposits in general, read the article Your Security Deposit: What It Is and How to Get It Back.
If a landlord requires money to hold a home before you move in, ask if it will be returned to you. If not, ask if it will be applied to the security deposit or the first month’s rent.
Before you pay money to hold a rental unit, ask what could cause you to lose the money. Always get a receipt for it.
Yes. If you have a receipt, it will be easy to prove how much you paid. This might be helpful if there is a dispute later.
Your security deposit can be used to cover any money you owe your landlord when you move out. This includes any rent or utilities you still owe when you move out or damage to the property beyond normal wear and tear.
Your landlord must put the deposit in a financial institution, like a bank or a credit union. To use the security deposit, a landlord must get a bond to protect it, and register the bond with the Secretary of State.
Your landlord must give you the name and address of the bank or credit union where your deposit is being held, or the name and address of the bondholder.
Questions about Move-In Checklists and Maintaining Your Home
Your landlord must give you two copies of an inventory or move-in checklist. Go through your home, room by room, and make a note of anything that is damaged. This includes little things, like chips in the paint or cracks in a window. Sign and date the checklist. Make a copy of the checklist. Give one copy to your landlord. Keep one copy for yourself. Take pictures or video of any damage you find.
If you don’t return the completed move-in checklist, you’re agreeing that everything about the home is in good condition when you move in. It’s important to report all problems to your landlord at the beginning of your lease so that it’s clear that you didn’t cause them. It’s possible your landlord will fix any problems you report on the checklist. If so, note the repairs on your copy of the checklist.
Do not sign a move-in checklist if you don’t agree with it. If you do, you might end up having to pay to fix damage that was there when you moved in. For more information on the move-in checklist, read the article Your Security Deposit: What It Is and How to Get It Back.
You’re not legally required to keep a move-in checklist, but it is a good idea. You are responsible for damage to the home while you live there. Having a move-in checklist may prove in court there was damage to the home when you moved in. Your landlord must give you a move-in checklist if you paid a security deposit to rent the home.
Yes. As a tenant, you are responsible for general upkeep of the home and for not causing any damage beyond normal wear and tear. If you do more damage than normal wear and tear, you may have to pay for it. At the end of your lease, if you did not damage your home you should get back your full security deposit. Your landlord may not keep any of your security deposit for cleaning the apartment. See the Security Deposit Help for Tenants toolkit to learn more about this.
As long as you did not cause them, you are not responsible for structural issues or major damages that happen while you are in the home, like a broken water heater. These are the responsibility of the landlord, who must provide you with a livable home for the term of your lease. Even small issues like drippy faucets and broken light-bulbs (if they are in fixtures that are attached to the apartment) are the responsibility of the landlord. If you need any repairs done to your home, you can use our Do-It-Yourself Letter to Landlord (Repairs) tool to ask your landlord to make repairs.
You have a responsibility to tell your landlord if any damage happens in the home. If you do not tell your landlord about the damage, they do not have a responsibility to fix it.
Questions about Getting Your Security Deposit Back
Maybe. Under the law, your landlord can only keep your security deposit if:
- You haven’t paid all your rent;
- You haven’t paid all your utilities and your landlord has to pay them; or
- You’re leaving the home damaged beyond normal wear and tear.
To learn more, you can read Your Security Deposit: What It Is and How To Get It Back.
Damage is harm to the home beyond normal wear and tear. Some dirtiness is normal wear and tear, so your landlord can’t charge you for the costs of cleaning from your security deposit. But if you leave the home really dirty, it might be damage. For example, if you leave trash or pet feces everywhere, you will probably have to pay the cost of having that cleaned. Broken windows or holes in the carpet are not normal wear and tear, and could be considered damage.
Damage can include unpaid rent. For more information about this, read Your Security Deposit: What It Is and How to Get It Back.
Normal wear and tear is what happens from everyday, normal use of an item or home. Furniture, appliances, carpets, and flooring wear out just from regular use. Walls need to be painted from time to time. Those are reasonable since you’ve been living in the home.
Some dirtiness is normal wear and tear, so your landlord can’t charge you for the costs of cleaning from your security deposit. But if you leave the home really dirty, it might be considered damage. For example, if you leave trash everywhere, or pet feces around, you will probably have to pay the cost of having that cleaned.
If you gave your landlord a forwarding address within four days of moving out, within 30 days you should get one of the following:
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Your entire deposit
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A list of the damages and a check or money order for the remaining balance of the deposit
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A list of damages explaining why you lost your deposit
The list should be itemized and include the estimated cost of repairs for each damaged item. It should also contain a notice: “You must respond to this notice by mail within 7 days after receipt of same. Otherwise, you will forfeit the amount claimed for damages.” For more information, see the article Your Security Deposit: What It Is and How to Get It Back.
Leave the property in the condition it was when you moved in, except for normal wear and tear.
When you move out, check out with the landlord if you can. Make sure you give your landlord a forwarding address within four days of moving out. If your landlord makes any report about how the property looks, get a copy that your landlord has signed and dated.
If your landlord does not make a report, you can make your own report and ask your landlord to sign and date it. If your landlord does not sign it, you can have another person sign and date your report after looking over the property.
If you think you may disagree with the landlord about how you left the property, you can ask another person to inspect the property. Take pictures of the conditions at the time you move out. Give the landlord your new address in writing.
Yes. Your landlord must return it, or the new owner becomes responsible for returning it. If your landlord returns it, the new owner may ask for another security deposit.
You can ask for the previous tenant’s move out checklist (you may want to do this when you move in). If you took pictures or video of the home when you moved in, consider showing them to your landlord. It’s also helpful to show your landlord the move-in checklist, if you noted the damage there.
Don’t ever give away your only copy of documents, pictures, or videos. Make copies and keep the originals in case you have to go to court.
You may have to take your landlord to court to get your security deposit back. To learn more, read Your Security Deposit: What It Is and How to Get It Back.
If you don’t provide your new address, your landlord does not have to give you an itemized list of damages. You also won’t start the process that gives your landlord a 30 day time limit for returning your security deposit.
Your landlord can keep your security deposit until you do something to get it back. You’re still entitled to get your security deposit, but you might have to sue to get it.
If you don’t want to give your landlord your new address, you can provide a different forwarding address like a P. O. Box. If you do this, make sure you regularly pick up any mail sent to that address so you can respond to the list of damages within seven days.
Yes. If the rent you owe and/or the damage you caused is more than your security deposit, your landlord could sue you for the difference.
For example, if your security deposit was $750 and you owe $1,000 in damage to the property, your landlord can keep your deposit and demand $250. If your landlord files a court case, you might also be responsible for the costs of filing the court case and any interest.
Your landlord must return your security deposit to you within 30 days, come to an agreement with you about the amount owed, or file a lawsuit within 45 days.
If not, and you provided your forwarding address within four days of moving out, your landlord could owe you twice your security deposit. However, the landlord could still claim the amount of unpaid rent or utilities by letting you know in writing within 30 days that your security deposit is being withheld for unpaid rent. If this happens, you will have seven days to respond in writing.
Your landlord is allowed to keep your security deposit to cover unpaid rent by sending you a notice within 30 days of your moving out. If you disagree that rent is owed, you may have to sue your landlord to get your deposit returned or to come to an agreement on the amount owed.
If your landlord simply does not return your security deposit, you can sue. If you are trying to recover $6,000 or less you can sue in small claims court. This is a special division of the district court where people cannot have lawyers or a jury trial. To find out more about small claims court visit the I Have a Small Claims Case toolkit. You can use the Do-It-Yourself Small Claims Suit tool to complete a complaint to file in small claims court.
If your landlord objects to having the case heard in small claims court, the case will be transferred to the general district court. You can also start the case in district court if you want a lawyer, jury trial, or more than $6,000. Suing in the trial court division may be more complicated than suing in small claims court. You may want to talk to a lawyer before filing a case. Use the Guide to Legal Help to find lawyers and legal services in your area.
If the case is for $6,000 or less, you can go to small claims court. In small claims court neither side is allowed to have a lawyer or jury trial. To learn more about filing suit in small claims court, visit the I Have a Small Claims Case toolkit.
If you want a jury trial or more than $6,000, you must request the case be removed from small claims court. You also must make a written demand for a jury trial within 28 days after the filing of the answer or a timely reply.
To learn more about what to expect if you go to court, watch the Going to Court video.