Tips on your apt. security deposit

THE MONEY PROS are standing by to take your questions.

Q. I moved out of my apartment a few months ago, but the landlord still hasn’t returned my security deposit. Why? And what can I do to get it back?

A.

Security deposits are a fact of life when renting a home, and are the way landlords hedge against any damage caused during your tenancy. By law, landlords are entitled to withhold, or deduct, funds from the deposit to cover necessary repairs after you move out.

Every building owner has different policies, so the first step in determining your course of action is to read your lease, paying special attention to the section regarding security deposits. This will remind you of just exactly what terms you agreed to when you moved in.

Most leases state an apartment needs to be left in “broom clean” condition. This means all the floors have been swept, all personal belongings have been cleared out, and the unit is free from garbage and debris.

Sometimes tenants forget to clean out the refrigerator, or think it’s OK to leave their old couch behind, but these actions will likely trigger security deposit deductions. Of course, large holes in the wall, broken fixtures or deep gouges in floors or countertops are all good ways to lose your deposit. Landlords must make provisions for “normal wear and tear,” however. While it’s a case-by-case basis as to what qualifies, imperfections like small nail holes, scuff marks on walls and lightly scratched floors generally fall into this category. Owners cannot deduct from your security deposit to make these repairs. If you break your lease, landlords cannot keep your security deposit if you are able to find another qualified tenant to replace you, and the building owner doesn’t suffer a loss of income due to the change.

If the apartment sits vacant for a month before the new occupant moves in, then you are out of luck.

To prevent problems, protect yourself. It’s always a good idea to take photos of any existing damage when you take possession of the home, and arrange for a walk-through with a building representative before you officially vacate the apartment. If the representative points out damage issues, this gives you the chance to fix them yourself, if you’re able.

If you have abided by the terms of your lease, and left the apartment reasonably clean and in good repair, then you are entitled to the return of your deposit.

Generally, landlords need to return the funds to you within 30 to 60 days, unless another time frame is specified in the lease.

If there is no resolution after repeated calls to your landlord or management company, send a letter via courier service or registered mail demanding your security deposit back. If you can, have a lawyer assist you.

If that gets no results, your last option is small claims court, or civil court if the value of the deposit is greater than $5,000.