subject: What You Need To Know To Get Your Security Deposit Back When Moving [print this page] When renting a home, apartment, duplex, or condominium, 99.9% of property owners require a security deposit. Unfortunately, when moving from that property, the number one challenge is getting all, if not most of the security deposit back. This money is a type of guarantee to the landlord that if any damage were done by the renter repairs could be made, using the security deposit. Therefore, when a tenant gets ready to move out, time would be scheduled for the property to be inspected. From that inspection, it would be determined how much, if any of the security deposit would be refunded.
The dispute between landlord and renter always involves the landlord wanting to keep some, if not all of the money and the renter wanting some, if not all of it back. Obviously, most renters will use the defense that damage was done to the property prior to them moving in, meaning damage was pre-existing. However, a simple dispute or one that could lead to small claims court can be avoided by following a few simple rules specific to renting property and the security deposit.
For starters, as the renter, you should walk through the home with the landlord and preferably a witness so any existing damage could be identified and documented. For whatever reason, this mistake is one of the biggest made by renters. All you need is a pad of paper and pen or pencil so you can take notes. Of course, you do not want to get ridiculous by writing down every tiny scratch, but you do want to list not just damages, but also items that are not working, such as the garbage disposal. Remember, items not included on the list could be things you ultimately pay for when moving out, whether your responsibility or not. Then, along with notes, as each item is found, take a photograph of it, as hard proof.
As you go through the rental property, along with looking at the obvious, you also want to look at things that might not be immediately noticed. As an example, turn the air conditioning and heating unit on to make sure they work and that air comes out of vents in all the rooms. Turn water faucets on, looking for drips and flush the toilet to make sure there are no clogs, open cabinets and drawers, etc. The truth is, when you move out of a rental property, if you want your security deposit back, you must take due diligence.
After making your list of damaged items or things no working or working improperly, put a date on the list. At that point, you and the landlord could go over everything so you both agree on the conclusion. With the agreement, both you and the landlord should sign the list and a copy made for each party as a record of the rental. As the renter, you need to maintain the original document, giving the landlord just a copy. With the list, the rental contract would be drafted and the items included so legally, you would not be bound to making repairs or paying for things that you are not responsible for handling. With this, moving out of the home saves you and the landlord money but also makes you a credible renter for future needs.
These simple steps for getting your security deposit back when moving out of rental property saves not just money, but also a lot of hassle. Now, if additional damage were done while you were under contract, then the final walk-through done by you and the landlord would identify this too, at which time the appropriate amount of money would be deducted from the security deposit so repairs could be made and leftover money returned to you.
Remember, disputes can often happen after you have left the property. This is usually the result of the final walk-through not taking place. Even at that time, you and the landlord would sign off on the final documentation. All of this is to help you save money and not lose some or all to the landlord by disputes that cannot be proven. Once you have moved out and into your new home, legal experts suggest all documentation be maintained for a minimum of three years.
by: Oliver Darraugh
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