SECURITY DEPOSITS

By: Dallas Atkins, Attorney at Law

Make sure the place you rented is as clean when you move out as when you moved in and that there are no damages beyond ordinary wear and tear. After you clean and move your stuff out, take photos and/or videos; keep receipts if you pay for cleaning or repairs on your own. The landlord can deduct from your security deposit amounts to repair damages beyond ordinary wear and tear and necessary cleaning, as well as unpaid rents. The landlord has only 3 weeks from your move-out date (when all of the tenants are moved out) to either refund the entire security deposit to you or to hand you or mail you (first class mail) an accounting of what has been withheld and why, along with a check for the remainder. If the landlord does not comply with this obligation within 3 weeks, then you can sue in small claims court. You would have to prove the withholding is unwarranted with witnesses, photos, video, and/or receipts.