Everybody has enjoyed the perks of living in a rental, either alone or with roommates. A condo to rent presupposes a lifestyle free of commitments and substantial financial investments. Finding and keeping a good rental in most metropolitan areas can be pretty stressful, but expert real estate agents turned the procedure into an actual art form. Even finding a pet-friendly rental won’t be a challenge!
On the fragile nature of interpersonal relationships
The tenant-landlord relationship is often quite a volatile one. It would be best if you strived to be on good terms with your landlord. Furthermore, you need to be frank, open, and respectful with them. Most obviously, this train goes both ways. Experience will justify disputes, disagreements can quickly escalate, and claims can get blown out of proportion! We are only humans displaying traits of folly. As a result, we must assume mature behavior and consideration to avert potential financial disagreements..
What does a safety deposit imply?
Before you move in, the property manager will require you to pay a safety deposit in advance to cover the cost of eventual repairs in your apartment. Virtually, it functions as monetary insurance for the landlord. As long as you stay in their condo, you might be liable to, voluntarily or involuntarily, damage their property. Were this the case, they will not have to cover the ensuing expenses from their budget. Landlords can demand a security deposit of up to two months’ rent as a security deposit. If a renter is on a month-to-month lease, they can only charge 1.5 months’ rent. If a renter is on a week-to-week lease, they can only charge two weeks’ rent.
The normal wear of the property frequently leads to misunderstanding. Let’s be clear about this. Your landlord can not charge you for the normal wear and tear of the apartment.
Prepare for the worst-case scenario!
Our point is moving to a new place can be a hassle but leaving it might turn into a genuine Greek tragedy sometimes. Lots of suppressed frustration might come to the surface, and it will hit you where it most hurts; your pocket! If you suddenly found yourself in a pickle and didn’t know which course of action to take to get your legitimate deposit back, then this piece of article is dedicated to you by all means!
Know the law!
States have passed a distinct tenant-landlord legislature that defines the fate of the tenant’s deposit. You have to be aware of the following terms:
- Landlords can’t reduce your deposit for any reason; there has to be a bona fide circumstance. Regularly, they have to include a detailed report on how they applied your security deposit.
- Property owners can use the deposit for only specific purposes.
- Your landlord has to pay your deposit back in a well-defined period.
Pics are louder than words
Build your case slowly to minimize the impact of hardships. We advise you to take pictures before moving into the apartment to capture its original conditions. Then, when you are about to move out, also shoot some pics to prove your point! The photos serve as evidence, based on which the parties involved can later decide whether withholding the deposit is legit, or not. In other words, should the condo’s deterioration be repaired at your expense, or have you had no involvement in causing the damage?
If you really wish to be meticulous about things, ask your landlord to organize a move-out inspection. Therefore, you can demand an itemized & official statement declaring the necessity of any damage repairs from your landlord. Now, we know this might sound far-fetched and time-consuming at first. Still, if finances escalate, this piece of document will come in extremely handy!
A dispute is on the rise
There are specific, well-defined signs for not getting back your deposit. Most obviously, your landlord refuses to give it back to you within the time frame established in the rental agreement. Then, consider the possibility of your owner subtracting the standard wear fees from your down payment. Let’s see your options here:
- Reclaim your deposit! You should assume a more official treatment and issue a certified letter. Don’t forget to make copies of everything in the process! Try to hand-deliver your message, and convince your landlord to sign & date the letter and your copy too as proof they were served.
- Negotiate! Again, it is a more amicable way to settle things. However, you may get less than the original amount of your deposit, still better than no money at all. On the bright side, it can save you time and energy!
- Consider applying for mediation! In some states, you can apply for authorized mediators who can lead an investigation to settle the dispute by revealing full-scale aspects of the matter. In extreme cases, they will most definitely motivate your property owner to answer your claims.
When bad things turn to the worst
Your landlord can go full uncompromising regarding your plight and refuse to give your safety deposit back and to get in touch with you. Under such circumstances, you can file a lawsuit against them. Generally speaking, such a case will end before the Small Claims Court, where the most informal hearings are held between plaintiffs and defendants. So up to this moment, no lawyer is required to be hired yet. Nonetheless, having an expert attorney by your side will always be valuable.
Once the sum of your deposit is higher than the Small Claims Court, set for maximum claims, usually worth $5,000, the case may end up at the civil court, more specifically, the housing courts. Some lawsuits may go to district courts, solving issues between citizens of different states. Then, you should unquestionably hire an attorney to represent your case, primarily a landlord-tenant lawyer. The chances are that you can retrieve all your money invested in the process, namely the safety deposit, attorney’s fee, and the court’s costs. That is, the Magistrate of the court decides that you, the plaintiff, have won the lawsuit.
Now, it is the civil court where they investigate all-around details of your civil case. If they find the landlord guilty of acting in lack of honesty, or bad faith, the plaintiff can obtain a financial recovery more significant than the original deposit. Repeatedly, landlords found culpable will file a counterclaim to prove their point that you either damaged their property or were overdue with the rent. In general terms, you somehow violated the lease and purposefully caused harm to the landlord.
Parting notes
Landlord-tenant partnerships should always end in courteous and peaceful terms. Nevertheless, often parties don’t see eye-to-eye, and trouble ensues. Every state has a different legislature pertaining to small court cases. To better grasp the legal situation you, as a tenant, are about to face, seek out the advice of a skilled landlord-tenant attorney!
A trained realtor can also be of use. When real estate agents market rentals, they will inform you about the landlord and your expectations.
