When moving out, many tenants wonder if they’ll get their security deposit back. Legally, the deposit should be returned unless there are valid reasons to withhold it. Some landlords, however, might not comply with the law, making it crucial for tenants to be informed and take necessary precautions.
Before moving into a rental property, it’s essential to research the landlord and the property management. Once decided, documenting the rental’s condition upon moving in is crucial. This documentation, including photos and videos, can be compared to the property’s state upon moving out to ensure the return of the security deposit.
When planning to move out, tenants should notify their landlords in advance, typically 30 days. Landlords cannot arbitrarily increase the security deposit over time, and it should be kept separate from the landlord’s personal funds.
If a landlord refuses to return the security deposit, tenants can prepare a demand letter and, if necessary, take the matter to small claims court. Knowing one’s rights and the rules surrounding rental deposits increases the chances of successfully retrieving the security deposit.
Every relocation means stress, time and expenses to be made. And when it comes to renting an apartment or house, the situation is a bit more complicated because of one factor. When moving out lots of people wander – do you get your security deposit back?
Yes, you do. And getting the security deposit back is a matter of complying with the law. It gives strict rules as to how and when your deposit can be kept and those landlords who don’t wish to comply may not only lose the deposit but also face heavy fines.
Unfortunately, not all landlords know the law or are willing to apply it. In fact, there are many landlords withholding the whole security deposit back knowing that most tenants won’t take the steps necessary to retrieve it. And of course, it is most natural that you may want to get your security deposit back.
In order to make sure that you do and that you will have no problems getting your security deposit back we have a few ideas we’d like to share with you. Here below we discuss several possible scenarios regarding how to avoid problems getting security deposit back and how to succeed.
Before you move into your new home…
Before you pick a new home to rent, check the landlord first in detail as much as possible. Check the Better Business Bureau not only for moving companies but also to research the management of the property and the neighborhood. Read the reviews that you find online and use a search engine to get more information and see if there were any complaints from the owner of the building.
It will be easier to get your security deposit back if you rent a place from someone who is reliable rather than someone with a bad history. After you decide on which rental unit to take, it is time to prepare to take the necessary steps to get your security deposit back before even moving in.
Your landlord will ask you for a deposit of some type. Whatever that type is, it is treated as a security deposit by law. As you move in, make an inventory of the condition in which this place is – if your landlord doesn’t initiate this step, do it yourself.
Check if all the appliances work properly and write down all damages. Check the light switches, all systems like heating, flush the toilet and so on. You can make pictures or videos as well – just make sure you catch well in detail everything. When your inventory is ready, ask your landlord to put a date on it and sign it.
Document the condition in which your rental is BEFORE moving in even one box.
You can also ask for the age of every item in the rental like carpet, paint, etc. Most probably you won’t need this information, but if you have to fight for your security deposit, it may matter as to how much you may be able to get back. That is why document everything.
For example, if your landlord wants to charge you for the paint of the windows, if the paint was faded and worn out when you moved in, s/he wouldn’t be able to. If s/he doesn’t agree to sign your inventory, send the inventory by certified mail, send one to yourself as well and keep it unopened.
All pictures, videos and the inventory list must be prepared before you have moved in even one box of your belongings. The best would be if you could do that during the day because you will be able to see more details in daylight.
You will use this inventory again when you decide to move out – walk through your rental with the landlord and compare the inventory, photos and videos to the current condition of the place.
At the same time maintain the place, keep it clean, tidy and don’t cause damage. It will be easier for you to get your deposit back if you take care of your home. If you notice any damages right after moving in, contact your landlord to inform him/her of the repairs to be done.
If you see damages that have occurred after you’ve moved in, inform the landlord immediately as well. Otherwise, a leakage in the bathroom could cause other damages in turn – damages that you may be liable for.
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When you decide to move out and you wish to get your security deposit back, it is time to first notify your landlord. If you are a tenant at will (no written lease) give a mouth-to-mouth notification in advance.
In most states, the law requires you to do that 30 days in advance (check what the regulations in your state are). If you can get that in writing, you and your landlord can agree on a shorter notice period.
Technically, you owe your landlord the rent for this period of time and if you don’t pay it, the landlord has the right to deduct it from your security deposit. Copy your notice and send it to your landlord by certified mail, also request a return receipt. You need this to prove that you have notified your landlord that you will be leaving.
If you don’t have it, you may have your rent or part of it deducted from your security deposit after which you won’t be able to get all of it back. And also in case you find yourself in the small claims court, this proof will protect you. If your landlord did not sign the letter, send it again. After you receive the return receipt, wait for 7 days for your landlord to respond to your demand letter.
Returning the deposit
When the deposit needs to be returned, most states set a deadline of about a couple of weeks until you have to receive the landlord an itemized statement of how your deposit has been applied (rent, repair work, cleaning fees, storage or disposal of unclaimed property, etc.), what you have left from your deposit (including the interest on it) and (if it is required in your state) a list of proposed deductions that have not been made yet.
Generally, the law allows your landlord to use your deposit for unpaid charges like rent and utility bills, repairs like broken windows, holes in the walls, etc. (but not for wear and tear only like worn out carpet, faded or chipped paint, etc.) and for cleaning the unit in order to give it to the next tenant(s) as clean as you got it. If the rental unit was damaged by a vandal or a natural disaster again your landlord has no right to withhold money from your security deposit.
In case of going to court, your landlord will have to justify the deductions made by proving the costs of claimed repairs like if materials were purchased for fixing damages for example. If the landlord did some work, it should be described.
If you see in the deductions your last month’s rent, then it means it was withheld from your deposit. If no parts of your deposit were withheld for your last rent, then you are obliged to pay your last month’s rent.
If you cannot get the deposit back
If there are some damages caused, you will need to fix them before leaving. In this way, you won’t give a reason to your landlord to hold money from you.
If you are afraid that you may not be able to get your security deposit back, you can use it for your last month’s rent. Write a note to your landlord informing him that you wish your deposit to be used for your last month’s rent, that you will fix any damages (if there are), and that you will leave the rental unit clean. You can ask your landlord to come and make an inspection to see if there are any damages to repair.
Your landlord may not agree to that – in this case, you will receive a 3-day notice to pay your rent. If you don’t do it though, you cannot be forcefully taken out of the rental unit (locked out, harassed, etc.). Your landlord cannot do anything else besides taking you to court. But since you will be moving out and your landlord knows it, most probably s/he will agree.
In the meantime just so you know – your landlord has no right to increase your security deposit over time. You can take your landlord to court for this and you don’t have to pay the increase. And the landlord cannot throw you out for not paying rent because the deposit is not considered rent.
If you are renting a place with other people but you will be the only one leaving, try to figure out something to get your share of the security deposit back. The landlord is not obliged by law to give it to you unless all tenants are leaving. You can try to talk to the other cotenants and agree with them on something.
On the other hand, the landlord is obliged to keep your money separate from all other accounts so that when you need it, it can be given back to you. That is why it is called a security deposit and not “landlord’s pocket money for shopping”.
Leaving the property sooner
In case you wish to leave the property sooner than the date when your lease expires, talk to your landlord. The best would be if both of you try to find someone else to rent the unit. If you don’t, then you may have to pay your rent until your lease expires. In this way, you won’t get your security deposit back either.
But if you do find someone to rent the place sooner, you will owe only part of the rent. For example, if your rent is $600 and you moved out on the 7th day of the month, your landlord re-rents the place on the 20th, then you owe 2/3 of a month’s rent which is $400.
Discuss with your landlord what he expects you to do when leaving in terms of final cleaning. It’s important so that you don’t do under- or over-cleaning.
Whatever you do in terms of repair work and cleaning should be documented. Ask people to attend so that you can have witnesses of your work and then take photos and make videos.
Prepare for the last check
Before you leave, take everything with you – personal items, food, cleaning supplies, etc.
When you’re leaving your property, your landlord will have to come for a final inspection. In some states the law allows you to be present. Either way, ask the landlord to be there are well so if there are any problems to fix or some more cleaning to do, you can take care of that.
Before the inspection, the landlord is obliged by law to allow you to fix any damages that you have caused. After the inspection, s/he is allowed to make deductions for damages that have not been fixed, which occurred after the final inspection, or were not found during the inspection.
Try to arrange to exchange your keys for the deposit. You can also prepare a statement for your landlord to sign that the place is clean, it is in good condition. If you wish to, you can also take photos. Hold up on them the same day’s newspaper to prove the pictures were not done earlier.
After all the work is done and you know your new address, give it to your landlord. There are some states where if the landlord doesn’t manage to find you within a particular time, he/ she may keep your security deposit. The date by which you should get your deposit back should be mentioned in the lease. Anyway, typically the security deposit is given back to the tenants a few weeks after leaving the property.
If you have no signed lease you should get your deposit in the first 21 days after you leave the rental and hand over the key to it. If you have a written contract, check it and see what it says. If it doesn’t set any deadline or its deadline is more than 30 days after leaving the property, then your landlord has 30 days to pay you back your deposit. It cannot be more by law.
What if you get a “no”?
If your landlord somehow breaks the state law like not sending an itemization for example, or if you are not happy with the landlord’s deductions talk to the landlord about it. Try to agree on getting more of your deposit back if you do additional cleaning for instance.
If you both agree on that, write it down and sign it both of you. This agreement is legally binding and if your landlord fails to comply with it you could go to small claims court.
If your landlord isn’t willing to cooperate, prepare a demand letter. It is good to prepare one in many aspects – first, if you do go to small claims court you may be asked for such a letter and if you don’t have it you lose the deposit.
Second, such a letter shows to your landlord that you are willing to do what it takes to get back what’s rightfully yours and that you also know your rights.
Making such a demand letter is often very useful because you can threaten to go to small claims court. It is important to write down your story because in case you need it in court, you will need to inform the judge about it. Try as much as you can to be up to the point, specific and professional in your letter.
The more angry you sound, the more you will provoke the other person to respond similarly. In your demand letter discuss what are the risks of losing your deposit, the time that the defense will take and the possibility of a public dispute. Surely this will get the other party to think well about what to do.
When you’ve stated all that, it is time to set your requests. Ask for a particular resolution like a specific amount of money back up to a certain deadline. Lastly, write down that you will file a case in court if you don’t get what you’ve demanded.
Make a copy of your demand letter and again send it by certified mail also asking for a return receipt. Keep the papers from sending the letter and attach them to your copy of the demand letter so that you don’t lose them.
Small claims court
If you wish to ensure getting your deposit back, begin by not only making an inventory but also maintaining your rental unit well.
If you owe your landlord more than what your security deposit is, you can be taken to court. This is the moment when you can ask to have back your deposit or any other money s/he owes you. But the other is possible also.
You can resort to a lawsuit in small claims court in the city where your rental is if your landlord did not provide what you asked for or you are not happy with what you got.
Request to have double (in some states you are allowed to ask for double) the part of your security deposit that was – in your opinion, wrongfully kept, and the interest (if your state requires it) plus your court expenses (again, it is possible in some states).
If your landlord has sent you a letter on time, informing you that s/he is keeping a part or all of the deposit back, you may not be able to get double damages. Some states will also allow you to sue your landlord for damages arising from your landlord’s holding your deposit illegally.
All you need to do is pay as little as $10 to $50 and in about a month you will be able to face a judge (no jury here) and present your evidence. If you cannot pay the fee, inform the clerk and he will give you the right forms to fill out, also asking for financial information to prove that you cannot afford to pay the fee.
You don’t need a lawyer for a small claims court – just gather your proofs (notice of your intent to leave, photos of your unit before leaving it and the demand letter). The whole process lasts no more than about 15 minutes – the judge hears out both parties and can either take a decision right away or mail it usually in a few days.
If you wish to get a lawyer, you can try to agree on “contingency” – it means that your lawyer will be paid only if you win the case. And if you do, the judge may order your landlord to pay the attorney fees.
Get a full security deposit back
Knowing the rules of the game and knowing your rights are the key to success. Follow the info in this article to succeed. If you are wondering how to get the rental security deposit back remember to read our guide well.
Be strict with yourself and with the advice we give you so that you can avoid problems with your landlord and with getting your security deposit back. If you think that there is more useful info to add to this guide, you can make a comment below.
Frequently Asked Questions:
How can I ensure I get my security deposit back when moving out of a rental property?
To increase your chances of getting your security deposit back, document the rental property’s condition when moving in with photos and videos. Notify your landlord in advance, typically 30 days, before moving out, and discuss the return of your deposit. If there are damages, fix them before leaving or use your deposit as your last month’s rent if agreed upon with your landlord.
Can my landlord withhold my security deposit without a valid reason?
No, your landlord cannot withhold your security deposit without valid reasons, such as unpaid rent or damages beyond normal wear and tear. Landlords must follow specific rules and timelines for deposit deductions and notifications, which vary by state.
What should I do if my landlord refuses to return my security deposit?
If your landlord refuses to return your security deposit, consider preparing a demand letter outlining your case. You can also take the matter to small claims court if necessary, where a judge may order your landlord to pay the attorney fees if you win.
Can I use my security deposit for my last month’s rent?
Yes, you can use your security deposit for your last month’s rent, but it’s essential to inform your landlord in writing and agree on this arrangement. Be prepared to make any necessary repairs and leave the property in good condition to avoid disputes.
No inventory was made or signed by any party when moving into my property in Cardiff, UK. Due to move out in October. In my previous property my landlord tried to deduct more than half of the security deposit but because there was no signed inventory i was able to claim my entire deposit back. I am looking for a template ‘demand letter’ as there is no signed inventory, therefore the landlord cannot proove or disproove any damage or cleanliness. Can somebody help please….. maybe a template letter to ask for a full refund due to the inventory being non-existent and will not be provided by my landlord with my signature on it??
No inventory was made or signed by any party when moving into my property in Cardiff, UK. Due to move out in October. In my previous property my landlord tried to deduct more than half of the security deposit but because there was no signed inventory i was able to claim my entire deposit back. I am looking for a template ‘demand letter’ as there is no signed inventory, therefore the landlord cannot proove or disproove any damage or cleanliness. Can somebody help please….. maybe a template letter to ask for a full refund due to the inventory being non-existent and will not be provided by my landlord with my signature on it??
Great post!!!! It is important to write down your story because in case you need it in court, you will need to inform the judge about it. Try as much as you can to be up to the point, specific and professional in your letter.
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No inventory was made or signed by any party when moving into my property in Cardiff, UK. Due to move out in October. In my previous property my landlord tried to deduct more than half of the security deposit but because there was no signed inventory i was able to claim my entire deposit back. I am looking for a template ‘demand letter’ as there is no signed inventory, therefore the landlord cannot proove or disproove any damage or cleanliness. Can somebody help please….. maybe a template letter to ask for a full refund due to the inventory being non-existent and will not be provided by my landlord with my signature on it??
Ryan Dibble
2 wks, 6 days ago
No inventory was made or signed by any party when moving into my property in Cardiff, UK. Due to move out in October. In my previous property my landlord tried to deduct more than half of the security deposit but because there was no signed inventory i was able to claim my entire deposit back. I am looking for a template ‘demand letter’ as there is no signed inventory, therefore the landlord cannot proove or disproove any damage or cleanliness. Can somebody help please….. maybe a template letter to ask for a full refund due to the inventory being non-existent and will not be provided by my landlord with my signature on it??
Great post!!!! It is important to write down your story because in case you need it in court, you will need to inform the judge about it. Try as much as you can to be up to the point, specific and professional in your letter.