by D. Raposa

Created on: January 19, 2009   Last Updated: July 17, 2011

You are renting an apartment or house. In addition to rent, the move-in package includes a security deposit, extra money acting as an insurance policy against any damage done by the tenant to the property. Tenants often believe that unless the property is trashed the security deposit is automatically returned at the end of tenancy. That is not the case. There are many steps to take to ensure that you receive most, if not all, of your security deposit back when you leave.

A walk-through of the property must be done before the lease is signed. Take photos, especially of items that need fixing. Document such items (with a timeframe to have them fixed) on the lease, along with notes on anything that is quirky about the place (ie, the heating unit always makes a knocking sound). Having documentation and photos keeps everybody on the same page and prevents either side from saying "I didn't know" if an argument arises later on. It also defines "normal wear-and-tear", which can mean one thing to the tenant and something very different to the landlord.

As tenancy progresses, any work/fixing done to the property (by the tenant or landlord) must be documented with photos taken. Even something small (such as painting the bathroom a nicer color) can be a point of contention later on. Nothing should be done unless both parties agree to terms.

When tenancy is over, the entire apartment (including appliances) must be cleaned and put back to its original look. The best chance of receiving your full security deposit back lies in the apartment looking the same as when you moved in. (Keep in mind that the landlord may still have a cleaning and/or painting crew come in to spiffy the place up for the next rental, which may come out of the security deposit.)

A final walk-through with the landlord must be done, following the same procedure as when tenancy began. Again, this is done so that there are no surprises for either side.

An easygoing landlord may return the security deposit at the time of final walk-through. Otherwise, be sure to leave a forwarding address as most cities allow 30 days for a landlord to return the security deposit. Either way, if money has been held back, the landlord must provide an itemized list/receipts documenting why/how that money was spent. (Check with the local housing office on timeframes, and if interest can be collected on the security deposit; some cities demand that it be kept in an interest-bearing account, payable to the tenant.)

If the security deposit is not returned by the allotted legal time, a certified letter must be sent to the landlord pointing out the violation in housing law. Give an expected receipt date with the caveat that legal action may be taken if the security deposit is not returned. If the given date comes and goes, report the landlord to the local housing authorities (who may "lean" on the landlord to return your money). Otherwise, feel free to file a small claims case.

A security deposit is protection for the landlord against tenant damage to the rental property. However, the definition of "damage" depends on the landlord's particularities and may be diametrically opposed to those of the tenant. Take steps to protect yourself against misunderstanding and you should receive your security deposit back with no problem.

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