Buzz
When you move into a new apartment, a large upfront payment is usually required. You pay your first month's rent, along with a sizable security deposit. Ideally, that deposit is refunded to you. However, plenty can transpire between your move-in and move-out dates. Follow these steps to ensure your deposit is returned.
Before You Settle In
Review Your Lease Thoroughly
Familiarize yourself with the details of your lease. Know what needs to be done to secure the return of your deposit. Generally, normal wear and tear isn't your responsibility. However, you'll likely be expected to leave the apartment in decent condition. Depending on your lease, this may require cleaning the windows, patching nail holes, etc.
This might seem like an obvious piece of advice, but it's worth emphasizing: be sure you understand your lease.
Understand the Legal Framework
Generally, the law tends to side with landlords rather than tenants. However, there are specific protections in place for renters. For instance, it's illegal for your landlord to withhold your deposit without a valid reason. Yet many tenants let this slide. As U.S. News & World Report details:
Over a third of renters who didn't get their deposits back (36%) reported that their landlord offered no explanation—which is actually against the law in 47 states. Unless you're in Louisiana, North Carolina, or West Virginia, landlords must provide a written breakdown of any deductions from your security deposit.
Laws can differ depending on your location, so it's important to know your rights. In some places, landlords may not be able to keep your deposit if you've lived in the apartment for a certain length of time. You may also have the right to receive interest on your deposit. As Rent Law points out:
Each state, along with many cities and towns, may have its own specific regulations based on various factors. Some of these rules can be quite complex. Check your STATE LAW to find out if your unit qualifies and how the rules in your town, city, or state affect you—whether you’re the landlord or the tenant.
Make sure you're not being charged an excessive security deposit, and understand the deadlines for having it refunded. Review the limits and timelines specific to your state.
Inspect Carefully & Take Photos
Before you move in, your landlord will typically provide a document to note the condition of your apartment. Go a step further by taking photos for your personal records. If you notice any issues, email your landlord right away to document your concerns. This will provide you with proof if any disputes arise later.
While You're Renting
Report Damages Right Away
If you encounter damages or appliance issues that aren't your fault, make sure to report them immediately and document everything. Take photos, send an email to your landlord, and keep a copy of that correspondence.
Keeping documentation is crucial. I once rented an apartment with a poorly painted bathtub. After six months of use, the paint started to fade, and the true state of the tub became apparent. I snapped some photos just in case. When I moved out, the company tried to charge me for damages to the tub. I explained the paint issue and showed them the photos I had taken. They refunded my deposit without any issues.
Even if you don't want the problem fixed, be sure to inform your landlord as soon as possible, ideally in writing.
Maintain the Rental in Good Shape
It may seem obvious, but it's worth reiterating: if you or your pet cause any damage in the unit, make sure to fix it. It could cost you, but your repair will likely be much cheaper than what the leasing company would charge when you move out.
Keep a Record of Your Improvements
If you plan to make changes to your rental, be sure to get approval from your landlord first. What you see as an improvement might still be considered damage by them, and they could try to charge you for it.
With a bit of luck, the leasing company may reimburse you for some of the upgrades or repairs you do. For example, if you install new tiles or repaint, it's worth asking if they’ll share the costs with you.
Just be sure to notify your landlord about these changes to ensure they won't impact your security deposit. Also—be sure to document your repairs and improvements.
When It's Time to Move Out
Repair Any Modifications or Damages
Make sure to address any damages or alterations you made to the unit when moving out. Perhaps you added a bold paint job that was approved with the condition that you'd repaint it upon leaving. In such cases, The Independent recommends:
Get a matching tester pot of paint, hope it's the right shade, and cover any marks. Even if you need to repaint an entire wall or room to get the color right, it will still be far cheaper than hiring a decorator or letting your landlord claim 'wages' for doing the job themselves.
Perform a Deep Clean
Here's a helpful move-out cleaning checklist. Take a look at the full list, but here are a few often overlooked details:
Remove all nails and screws from the walls and ceiling, then fill the holes with putty for a smooth finish.
If the toilet seat looks worn or unappealing, consider replacing it.
Thoroughly clean the oven. Don't forget to remove the shelves, drip pans, and burners and clean those as well.
Meet With Your Landlord
It might be a good idea to meet with your landlord before you move out so they can inspect the unit. Iowa Legal Aid recommends:
Review the checklist you created when you first moved in. Try to get the landlord’s feedback on whether you will be charged for any damages or cleaning. This gives you a chance to address any issues while you’re still in a good position to do so. If the landlord can't provide a reason for withholding part or all of the deposit, try to get your deposit back during this meeting.
Take photos of every room in your apartment to document its condition when you move out. Send an email to your landlord explaining what cleaning and repairs you’ve completed.
What If Your Landlord Refuses to Return Your Deposit?
If your landlord withholds your deposit and you're not satisfied with their reasoning, try negotiating with them. Nolo advises:
If you're not happy with the deductions, haven't received an itemized list, or believe your landlord violated state security deposit laws in some other way, attempt to come to an agreement. For example, the landlord might agree to return part of the deposit if you perform additional cleaning. Make sure to get any agreement in writing and signed. This becomes a legal contract, and if the landlord doesn't honor it, you can take the matter to small claims court.
You can also send a demand letter, which is essentially a formal request for payment. Your letter should include:
A brief summary of the facts and the reasons you believe your landlord owes you the deposit.
Copies of any relevant communications, such as letters, emails, and agreements.
The specifics of your demand, such as requesting the full deposit within ten days, as advised by Nolo.
References to state security deposit laws.
For more detailed guidance on writing a demand letter, be sure to check out their comprehensive article on the subject.
If necessary, you might want to take the matter to small claims court. Nolo clarifies:
Filing a small claim typically costs between $10 to $50. You don't need a lawyer, and disputes are usually heard by a judge (without a jury) within a month or so. Collecting evidence, such as your move-out notice, photos of the rental unit after you left, and demand letters, is essential for winning your case. The trial, where both parties present their versions of events, usually lasts no more than 15 minutes. The judge will either deliver a decision immediately or mail it out within a few days.
Ultimately, you'll need to weigh if the time, cost, and effort involved in small claims court is worth pursuing in your case.
In the end, your security deposit likely represents a substantial amount of money. Putting in a little extra effort to ensure its return is definitely worthwhile. The best steps you can take include maintaining open communication with your landlord and keeping thorough records of everything.
