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Ensuring you get your rent deposit back

by Kathleen Richardson

Created on: May 06, 2008

Even the most lenient and understanding landlord will require an incoming tenant to pay a security deposit equivalent to at least one month's rent.

A security deposit provides the property owner or manager with a way to cover expenses connected to your moving out. If there are damages to repair, windows to be washed, and/or carpet to be cleaned in a rental unit, those items could be deducted from the security deposit if you, the tenant, are responsible for those cleanings or repairs but have neglected to take care of them.

Whether considering a residential or commercial property rental, the best way to ensure a rent deposit refund is to know, right from the beginning, what is required of you at move-out time. Carefully read every word in the potential agreement, ask questions and pay particular attention to the section on security deposits.

Ask clarification on as many points as needed and make notes on the lease itself. Ask the leasing agent to initial those notes. In some situations, particularly in the rental of commercial property, ask that the lease be redone to include your notes.

A residential rental may be offered on the basis of a verbal agreement. You can protect yourself by abiding, throughout the tenancy, by the same conditions and standards as if a written lease were in place.

One example of a basic lease is available at http://mrlandlord.com/pages/lease.html and includes the following section on security deposits.

"The total of the above deposits shall secure compliance with the terms and conditions of this agreement and shall be refunded to RESIDENT within _____ days after the premises have been completely vacated less any amount necessary to pay OWNER; a) any unpaid rent, b) cleaning costs, c) key replacement costs, d) cost for repair of damages to premises and/or common areas above ordinary wear and tear, and e) any other amount legally allowable under the terms of this agreement. A written accounting of said charges shall be presented to RESIDENT within _____ days of move-out. If deposits no not cover such costs and damages, the RESIDENT shall immediately pay said additional costs for damages to OWNER."



Photographic proof

Prior to taking possession of your rental property, walk around inside and out with a camera. Take photos, particularly of any defects, as later proof that the problem existed prior to your rental period. Keep the photos in a secure location such as a safety deposit box.

Jennifer Lai of www.About.com suggests renters mail original

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