10 Steps to a Hassle-Free Experience with Security Deposits


Many rental agreements require a security deposit. The return of this deposit is contingent upon quite a few factors. Improve the likelihood of getting your return in 10 easy steps.

  • First, know your rights. Check state laws to ensure that the deposit amount requested is not greater than permitted by law. Familiarize yourself with the sort of damages that can be deducted from your deposit.
  • Conduct a thorough walk-through of the rental before signing the lease. Document any damages to the unit. Confirm that all appliances function properly. Bring any problems to the landlord’s attention and have them resolved before singing the lease. If the issues will not be resolved, have a signed document from your landlord stating so. (You can also send an email to yourself with images and notation; this creates a time sensitive file that you can pull up later in case of dispute.)
  • Clarify how the deposit will be refunded. This is particularly important if you have a roommate that is not paying an equal portion of the deposit.
  • If you are living with a pet, it may also be helpful to specify who owns the pet. If the pet is not co-owned by everyone in the home it is important to indicate who is responsible for damages caused by the animal; this way you can avoid having pet-related expenses withdrawn unfairly from anyone’s deposit refund.
  • Maintain good rapport with the landlord. It always helps to have positive, open communication throughout the duration of your stay.
  • Notify your landlord immediately if your rental is damaged by storm, fire, or vandals. (In the latter case, file a police report as well.) Speak with your renters insurance representative to determine who is liable for repairs and have such issues resolved in a timely manner.
  • Before vacating the premises for good, aim to have the unit cleaned and inspection-ready about a week or more in advance. Have the landlord do a walkthrough, giving you ample opportunity to fix any problems and ensure the full return of your deposit.
  • Ensure that the landlord has an accurate address for you once you depart the premises.
  • Remember to keep disputes in proper perspective. If the landlord wants to withhold funds for any reason, consider: is it worth the time, energy and money to take the dispute to small claims court?
  • Tenants at will (renters without a written lease) should receive their deposits within 21 days after returning the key to the landlord. For renters with a lease, check the terms of your lease and state laws for return deadlines.

Unfortunately, things don’t always run smoothly. If your deposit is not returned within the specified timeframe, submit a Request for Return of Security Deposit form or similar form for your state. Submit it via certified mail and request a return receipt. Maintain copies of these documents for your records. If you still have not received the deposit within two weeks, you may take your dispute to small claims court.

If you have connections to a private attorney, you may also pursue legal action. Request that your case is taken upon contingency, meaning that you only have to pay the lawyer if you win. If the judge rules in your favor, the landlord may be obligated to pay your attorney fees.

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