When moving out of a rental house you want your security deposit back, ideally on your move out day itself, as you may have to use that refund as a security deposit for another rental house you would be moving to. And anyways, you are entitled to get back the security deposit per your rental agreement. However, that’s not always the case.
Many landlords hold on to your deposit for several reasons. It could be the delay on their end to assess the damages, if any, that need repairs or checking if the utilities are paid for or checking if the appliances are functioning as they were on the first day of your move in. And in certain cases they just wouldn’t want to return the security deposit as they might not have the funds on your move out date.
Here are some helpful tips on how to get your security deposit back in full:
1. Read your lease agreement carefully
Reading your lease agreement, especially the termination clauses and subclauses, will give you an idea of what you need to do once you decide to move out. Termination clauses contain a list of your responsibilities toward the property, such as ensuring it’s squeaky clean and that there’s no serious damage.
It also tells you how much notice you need to give your landlord before leaving the property and the timeline for them to refund your security deposit. So, do everything that your lease tells you diligently so that your landlord has no reason to withhold your money.
2. Give your landlord moving-out notice
Send your landlord a letter letting them know you’ll be moving out. Before you write the letter, remember to check your lease because termination laws vary state-wise and lease-wise. Generally, a perfect tenant would give a 30-day notice period but don’t assume anything.
If the required notice period isn’t served, you might end up paying rent for an additional month, and wait beyond the time stated in the lease to get back your deposit. Before sending the letter, preferably by certified mail, be sure to make a copy and keep it in a secure place.
3. Note the damages, BEFORE move in
Any damage that the landlord observes during the final inspection will be coming out of your security deposit, even if it was there when you moved in. So, it makes sense to ask your landlord for a move-in inspection and check if you find everything as mentioned by the landlord while listing the rental property, before deciding to rent it.
Many times, landlords offer a sort of checklist to help you track the condition of the rental room and note any pre-existing damage anywhere. If you don’t have one, you can either make one or get it off the net. Look closely for any damage to the counters, floors, walls, doors, and cabinets. Check if the appliances provided work.
Capture photos of anything that comes across as faulty and share them with your landlord while keeping copies for your protection.
4. Get the house back in shape
For any large-scale damages, your landlord will deduct the expenses from your deposit. So, there’s no point in paying for something while attempting to fix it yourself. But if some of the things that need repair don’t require much effort and you can do them yourself without breaking the bank, nothing like it!
Some of the things you can repair are:
- If you painted the walls in a color of your choice, restore them to their original color.
- If you used nails to hang paintings, use putty to fix the holes in the walls.
- Change the light bulbs to the ones originally in the rental and the batteries in the smoke detector.
5. Be up-to-date with rent
One of the mistakes tenants make is to assume that their security deposit comprises the rent for their last month, before moving out. They‘re two very different expenses. Remember that the security deposit, or a part of it, is used for costs related to repairs and cleaning of the rental.
If you’re convinced your last month’s rent has been paid and you don’t owe your landlord anything, not only will you wash your hands off your deposit, but you will also face legal hassles. It’s likely that you paid rent for the first month and last month when you moved in.
But again, before making assumptions, check your lease document well to ensure that you’re up-to-date with your rent.
6. Deep clean the rental house
Before moving out, clean the rental well enough to surprise your landlord!
Here are some things that you must clean:
- Vacuum the floors and the carpets.
- Swab the floors well.
- Remove the leftover items from the fridge and wipe both its inside and outside.
- Clean the sink and wipe the cabinets and counters in the kitchen.
- Clean the sinks, tubs, mirrors, cabinets, and toilets in the bathrooms.
- Clean any appliances in the kitchen.
Should you feel overwhelmed by the idea of doing it yourself, get a cleaning service to do the job. That way, you don’t need to worry about getting back your entire deposit unless you’ve damaged something in the rental.
7. Ask your landlord for move-out inspection
Once you’re done with the fixing and cleaning, invite your landlord for a move-out inspection. Walk through the entire rental, look at every room, doors, windows, closets, cabinets, and appliances to make sure everything’s in working order.
Point out the pre-existing damage in the rental especially to the first-time landlords so that they’re aware that you’re not the one who caused them. Let them take as much time as they need but ensure that they’re okay with the repairs and the quality of cleaning.
Know that if they’re happy with the finished product, your security deposit, at least most of it, is safe!
8. Hand over the keys
After everything’s sorted and you’re on your way to moving out, hand over all the keys to your landlord. You might have to pay a fee in case you forget to return any of the keys. Also, check with them when and where they’d like the keys to be delivered.
In the rare scenario that you lose the keys, let your landlord know right away so that they can decide whether to change locks or get another set of keys made. Be prepared to pay.
9. Click pictures on moving out
If you had been living with a messy or a passive aggressive roommate, you might have cleaned up your room well while your roommate did a shoddy job. In that case, be sure to click pictures of your room if you both don’t move out around the same time. You can always avoid lousy roommates by finding roommates with the best qualities on Cirtru!
Share it with your landlord so that you have a good chance of getting back your security deposit, regardless of what your roommate does with their room. You could even make a video and send it to your landlord. Also, next time don't forget to find new roommates on Cirtru to avoid such roommates.
Also, remember to record or capture any prior damage to the property, much like you did when you moved in so that you can use them as evidence should the need arise.
10. Share forwarding address
To send you a check for the security deposit, your landlord needs to know where you’re headed. Since there are chances we may forget, set yourself a reminder and share a forwarding address, either on the phone or via email.
11. Be aware of your rights
Be aware of your rights so that you can take your landlord to court if they decide against giving you back what they owe you. For tenants who’re not well-informed, they make the mistake of not fighting for what’s rightfully theirs.
State laws are pretty stringent about how much of the deposit can be used for repairs and the like, and the timeline within which they need to return the due amount. As mentioned earlier, the laws differ from state to state.
Check and read your state laws well to know when your landlord should return your deposit. Technically, they must share a document with you highlighting how much money was used against rent, maintenance, and cleaning purposes and any remaining amount with interest that the state asks for. State laws might also ask them to share the amounts they wish to deduct from the deposit before going through with the process.
Finally, know that landlords don’t have the right to use so much as an extra penny from your deposit beyond cleaning charges, charges due to property damage, and unpaid rent and utilities.
12. Send your landlord a reminder
Landlords have a 30-day period to return your deposit or whatever’s left of it, in compliance with state laws. Some states might require them to return it sooner. So, after your wait period is over, remind your landlord of your pending security deposit and request to return it without further delay.
Be sure to have a copy of the reminder, in case your landlord claims they never received it. If the letter doesn’t generate any response from your landlord, file a civil suit in the local courthouse using the necessary paperwork.
