Renting? Get Your Security Deposit Back With These 9 Tips

Nearly all rental property owners or management companies require that tenants pay a security deposit. Typically set as one month’s rent (or more), the deposit is meant to cover a landlord’s expenses related to any property damage or unpaid rent. The trouble is, getting your rental security deposit back can sometimes be a challenge.

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To ensure a smooth and hassle-free return of your funds, this guide on how rental deposits work — and how to get your security deposit back — provides some essential tips.

What Is a Security Deposit?

Landlords typically require that new tenants pay some rent in advance (such as first and last month’s rent) plus a security deposit before move-in. The security deposit is meant to be set aside for when you move out, in case you didn’t pay parts of your rent, left trash or debris in the unit or caused damages to the rental.

Once the rental agreement ends and you move out, landlords have a set number of days (which varies by state) to return the security deposit, minus any amount they spent in repairs, cleaning or past-due rent to return the rental to its original state.

It’s in the Lease Agreement

Understanding your lease agreement is crucial to knowing your responsibilities. Pay close attention to terms and conditions related to the security deposit. Some terms may include:

• How much notice to give before moving out (for example, 30 days notice)

• Cleaning requirements upon moving out (broom clean is often mentioned)

• Any nonrefundable charges such as pet cleaning fees

• Other potential deductions for situations such as leaving furniture or personal goods behind after moving out or not returning keys

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Know Your Legal Rights

It’s a good idea to familiarize yourself with your state or local laws regarding security deposits. Most have regulations governing how property managers and landlords must handle security deposits, including:

• The maximum deposit they can require

• The time frame for return

• The maximum allowable deductions

If your landlord is uncooperative or you believe your deposit has been unfairly withheld, you may need to consult your local tenant’s rights association or with an attorney. Here is more on security deposit requirements by state.

What Can Legally Be Deducted?

Knowing what a landlord can and can’t withhold is helpful when you’re preparing to move out. The term “normal wear and tear” is often used to describe non-negligent use of a rental. Some examples include:

• Scuffs on the wall or doors

• Faded paint

• Worn carpet from regular use

• A reasonable number of pin or nail holes on walls from hanging art

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9 Tips on How To Get Your Security Deposit Back

Now that you have an idea of how deposits work and what your rights are, here are tips on how to get your security deposit back.

1. Document the Move-In

Before moving in, document the property’s condition by taking photographs or videos, and make a written inventory of any existing damages. Make sure you receive and save a receipt showing you paid the security deposit. This documentation is vital evidence if there are disputes over damages when you’re trying to get your security deposit back. Date and store these records safely.

2. Maintain the Property

Taking care of the rental property during your tenancy is essential for a hassle-free security deposit return. Keep the premises clean and in good condition, and promptly report any maintenance issues to your landlord or property manager. Remember that reasonable wear and tear (such as a dent on the wall from where a door hits) is typically not subject to deductions from your deposit, but excessive damage or neglect (such as a large hole in the drywall) may be.

3. Give Proper Notice

Most lease agreements require tenants to give notice before moving out, typically at least 30 days. Be sure to provide notice as per the lease terms, and do so in writing. This not only ensures that you’re following the contract but helps you avoid any potential disputes related to notice periods.

4. Clean and Repair

To increase your chances of getting your full security deposit back, thoroughly clean the property and make any necessary repairs before you vacate. Pay attention to areas that commonly gather dirt and grime, like the kitchen, bathroom and floors. Repair any minor damages you caused during your tenancy, such as holes in walls or broken fixtures. This proactive approach can help reduce deductions from your deposit for cleaning and repairs.

5. Document the Move-Out

Be sure to do a walkthrough of the property and record video or take photos of the condition of the home before you move out. It could come in handy if the landlord or management company claims there were damages.

6. Attend the Final Inspection

Request a final walkthrough with your landlord or property manager. During this inspection, you can address any concerns and ensure that both parties agree on the property’s condition; having an open conversation can help avoid misunderstandings and conflicts. If it’s not specified in your lease, asking the landlord during this final walkthrough for when you can expect the return of your security deposit will help you follow up later.

7. Return Keys

After moving out, be sure to return all keys and access devices to the landlord or property manager or follow the instructions provided, such as leaving the keys in the apartment or with the building’s reception, for example. Request a receipt of the key return and keep it for your records.

8. Leave a Forwarding Address

Leaving a forwarding address is essential for the return of your security deposit. Landlords typically have a legal cushion of 15 to 60 days to return your deposit and it’s likely they’ll send you a check in the mail, along with an itemization of any money withheld.

9. Follow Up

If you don’t receive your security deposit within the time frame specified in your lease or by local laws, follow up with your landlord or property management company. Politely request information about the status of your deposit return and if there are any deductions.

What To Do If You Don’t Get Your Security Deposit Back

If you don’t receive your security deposit back according to local laws or what was stated in your lease, consider the following steps.

1. Get Help

Most areas have tenants’ rights associations that provide free help and advice to tenants who are having trouble with their landlords. You may receive guidance on what steps to take next or what your rights are.

2. Send a Certified Notice

Send a signed and dated letter to the management company or landlord, stating that you haven’t received your deposit back, with a demand for action. Be sure to send it certified — should you need to go to small claims court in the future, you’ll need proof that the demand letter was delivered.

A sample letter should include the following:

• Date

• Your name

• Your new address

• Dear [Landlord],

• Explanation of when you vacated the property, including the address and that you haven’t received your security deposit back yet. Be sure to cite the time frame for return stated in your lease or what your state’s regulations are.

• Conclude that if the issue isn’t addressed in a reasonable amount of time, you will take them to small claims court to recover your security deposit.

3. Go To Small Claims Court

If you don’t receive your deposit back or at the very least, an explanation, you could take the matter to small claims court. It’s during this step when all the documents and images you collected and saved come in handy as evidence that you did your best, as required. Be sure to have ready:

• A copy of the signed lease

• A copy of the certified demand letter and proof it was received

• Photos or videos of the rental’s condition during move-in and move-out

• Anything else that supports your case

Takeaway

Knowing how to get your security deposit back after renting a home takes diligence, communication and knowledge of your rights and responsibilities as a tenant. By following these steps and maintaining open communication with your landlord or property manager, you can increase the likelihood of getting your full security deposit back.

FAQs

What are security deposit laws?

Most states have laws about how much a landlord can collect as a deposit and how much time they have to return it. In general, deposits are calculated as one or two months’ worth of rent and must be returned between 15 and 45 days after moving out. Refer to the chart above for security deposit laws in your area.

When will my security deposit be returned?

The return of your deposit depends on your lease agreement or local laws. In general, the security deposit (minus any itemized deductions for cleaning, repairs or unpaid rent) is returned in 15 to 45 days after moving out or providing your forwarding address.

What if my landlord doesn’t return my security deposit?

If your landlord doesn’t return your security deposit within the time frame stated in your lease (or according to your state’s laws), you could send a certified demand letter requesting the return within a certain number of days or you’ll take them to small claims court.

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