Security Deposits (only for places that passed URLTA, the Uniform Residential Landlord & Tenant Act)

A security deposit is money that you pay to a landlord before moving in.  The money pays for damages other than normal wear and tear or unpaid rent.  If there is no damage and your rent is paid, you get the security deposit back when you move out.

There is no set limit.  If you have a written lease, the amount of the security deposit should be listed in the lease.  Always get a written receipt for the security deposit.
 

The landlord must put your security deposit in a bank account.  The account can only have security deposit money in it.  The landlord must tell you what bank account is at and tell you the account number.  Ask the landlord for this information and write it down.

Yes.   Before you move in and pay the security deposit, look at the unit.  The landlord must give you a written list of any damages that are already there.  They must also give you an estimate of what it would cost to repair the damage. You should not be responsible for covering the cost of repair for damages that were there when you moved in.   If the list is correct, you and the landlord should both sign it.  If you think there is some other damage that is not on the list, add it to the list and sign your name under it.   Keep a copy of the signed list.  It is a good idea to take pictures or videos of any damage before you move in.

Your landlord can keep money for the cost to repair damages that you or your family did to the apartment.  The damage has to be things that are more than normal wear and tear. They have to be things that were not there when you moved in.  That is why the list you got at move-in is important.  The landlord can also keep money to cover any rent you didn’t pay.  If you have a written lease, there may be other things the landlord can keep money for.  They would be listed in the lease. 

Normal wear and tear damage is what you would expect to happen to the unit as a result your everyday use over the time you loved there.  Property damage goes beyond normal wear and tear and is often a result of carelessness or accidents.

When you have moved all your things out and are ready to give the landlord your keys, 
schedule a time to walk through your unit with your landlord. If your landlord says everything is okay, get a short receipt dated and signed by landlord saying “unit in good condition.”  If you and your landlord can't walk through your unit together, take pictures of the way you have left it.

Yes.   The landlord has to inspect the unit after you move out and make a list of all the damages that are more than normal wear and tear.  The landlord also has to include on the list the estimated cost of fixing the damages.  They must give you a copy of the list.  Be sure the landlord has your new address so they can mail a copy to you.   The landlord has to hold your deposit for up to 60 days to wait to hear from you. You have the right to ask the landlord to let you inspect the unit to see if you agree with the damages on the list.  It is best to ask in writing. Tell the landlord how to get in touch with you to set up the inspection.

If you’ve done your part and your landlord is keeping your security deposit anyway, send your landlord a letter.
You can use this sample letter to send to your landlord.

When you send the letter, be sure to:
•    Include your forwarding address.
•    Use certified mail and request a return receipt. That way, you’ll know that your landlord got the letter.
•    Keep a copy of the letter and certified mail receipt for yourself.

If your landlord still doesn’t return your deposit after about 30 days, you can file a case against them in small claims court.  Think about if the amount of the security deposit is worth your time in filing the claim and then appearing at a hearing.