| January 6, 2000 |
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In the rush to finish packing your belongings and prepare for the arrival of the movers, some renters fail to honor the terms that can guarantee the receipt of their security deposits. They fail to clean up their apartments before they vacate the premises and are surprised weeks later when a letter arrives in the mail, informing them that deductions have been made from their deposit. Depending upon the condition of the apartment when the tenant vacated, those deductions can either cancel out a deposit or even exceed it. What if you cleaned your apartment thoroughly before you moved out, and you haven't received your deposit in the mail yet? What exactly is a security deposit, and what are your rights as a tenant in relation to the payment and return of the deposit? You'll usually be required to put down a deposit when you decide to rent an apartment, condominium or house. In particularly competitive multifamily housing markets, this deposit may be waived in order to dangle the carrot in front of prospective renters. A security deposit, in a sense, is payment up front for any damages you may cause in your home during your period of residency. You pay the deposit with the assurance by your landlord or leasing representative that you'll be repaid the deposit in full if your unit passes inspection upon move-out. Deposit amounts vary greatly, from $50 to $350 or more. Their full return is often a godsend when you're facing the expense of moving (telephone, electricity and cable hook-up and movers' fees, not to mention your first month's rent and security deposit). "Damage" essentially means serious damage -- a broken window, a door hanging off its hinges, a cigarette burn on a countertop or carpet. Deductions from your deposit generally are not made for the expected signs of wear and tear in your apartment -- a little dirt on the carpet or a piece of linoleum that's lifting up in the kitchen, for example. Obviously, it's incentive for the tenant to take good care of his or her unit, and from the landlord/management company's perspective, it makes good sense to have the financial assurance that you'll be able to repair any damage caused to the unit you're about to rent to a stranger. The security deposit also may cover any other charges or fees the tenant has not paid upon move-out time. So how do you ensure that you'll get back the full amount of your deposit? Your lease (the "security" portion) will usually outline for you the terms of the receipt of your deposit in full. If it doesn't, ask your landlord or leasing agent to put those terms in writing before you move in. You can expect to see the following stipulations: To prevent any surprises, clean your apartment thoroughly in accordance with the terms of your lease, then schedule an appointment either with your landlord or management company representative for an informal inspection. This request is usually very much appreciated, and it gives you the chance to correct any oversights your landlord/leasing agent spots -- saving both of you considerable hassles, financial and otherwise. When you moved into your apartment, you filled out an inventory checklist that gave you the opportunity to state any damages to the unit, for which the management staff would not hold you responsible. Maintenance staff would have corrected such problems within reason and financial ability; and if they couldn't, you still would not be held responsible for the damage. During the inspection process, both you and the management representative can refer to this checklist and use it as a basis for comparison. Formal inspections sometimes take place after the tenant has already moved out of the unit. If you can arrange it, it's in your best interests to be present when the formal inspection is taking place. Upon its conclusion, have the landlord/leasing agent sign and date the move-out inventory form in front of you, and keep a copy for yourself. In the event that you don't receive the amount of deposit back that you have been promised, you'll have a document in writing that verifies the payment you should receive. You may also consider purchasing a disposable camera for use during the formal inspection. Photographs can go a long way toward pleading your case if you encounter any problems with compensation of your deposit. Before you move out, be sure to leave your former landlord/management representative your new address if you want to receive your deposit as quickly as possible. Don't slip the address through the leasing office's mail slot after hours; make sure you hand it directly to a staff member. In exchange for your address, the landlord/management representative should hand you a receipt that lists your forwarding address (proving that you did, indeed, leave it behind) and verifies the termination date of your lease, as well as the day you left the premises and returned the key to your unit. If you've left your forwarding address behind, you can expect to receive your deposit in the mail within 30 days; in fact, the landlord/management company is required by law to mail your deposit to you -- along with an itemized and detailed list of any deductions -- within 30 days. If you left your forwarding address behind and more than 30 days have passed without payment, call your former landlord or management company. While the delay could have resulted from the check being lost in the mail, it's more likely that your paperwork has gotten lost in the shuffle. If one friendly reminder doesn't bring you your deposit quickly, it may be time to consider legal assistance. If you've rented a unit with a large, household-name management company, chances are good you'll receive payment quickly and efficiently, along with a thorough explanation of any deductions. Within the majority of major cities, the multifamily housing climate is so competitive that management companies and even landlords of smaller properties can't afford not to be agreeable with their tenants. On both the management and tenant side, the old adage applies: You'll catch more flies with honey. So keep the lines of communication open, own up to any damage you know you caused, and you'll receive the maximum amount you have coming. Also See:
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