Tenant Law Security Deposit

Tenant Law Security Deposit – A Brief Summary of Laws Surrounding Security Deposit

Of all the disputes that occur in tenant-landlord relationships, it can be safely said that most of the disputes revolve around the security deposit amount and the security deposit refund. Every state has its own set of tenant law security deposit guidelines and one will be advised to look up their particular state’s tenant law security deposit guidelines. The passage below will talk about the general tenant law security deposit guidelines that are in effect in most states in the U.S.

Cap on the security deposit – tenant law security deposit guidelines – Tenant law security guidelines will usually restrict the amount of security deposit that can be charged by the landlord. Some states tenant law security deposit guidelines will allow a landlord to charge one or two months of rent as security deposit while some states will allow a maximum of three months’ rent to be charged as security deposit if the apartment is in a furnished condition. As mentioned earlier, one will have to look up a particular state’s tenant law security deposit guidelines to find out the maximum permissible security deposit amount that can be charged.

Security deposit refund – tenant law security deposit guidelines – All tenant law security deposit guidelines, in every state, will require that the security deposit be refunded to the tenant once they leave an apartment after giving due notice. In some states, the tenant law security deposit guidelines will require that the landlord refund the security deposit within a period of 14 days while some states will require a refund to be made within 45 days.

Security deposit deductions – tenant law security deposit – The tenant law security deposit guidelines in most states will allow a landlord to make deductions to the security deposit amount if the tenant has left the apartment in a condition that will require repairs. However, according to tenant law security deposit guidelines, these repairs must be beyond the scope of normal wear and tear for the landlord to be able to make those deductions. So, as an example, tenant law security deposit guidelines will not allow a landlord to make deductions to a security deposit to replace a sink that might have some scratches in it. Scratches to a sink are to be categorized as normal wear and tear. However, tenant law security deposit guidelines will allow a landlord to charge repair expenses to fix broken walls, broken tiles etc against the security deposit refund as these are repairs that were brought about by the direct actions of the tenant.

Proof of deductions – tenant law security deposit – While tenant law security deposit guidelines will allow the landlord to make repair deductions to the security deposit amount, it will also require that the landlord provide a written proof of the same repairs in the form of itemized bills and invoices. Tenant law security deposit guidelines will allow the tenant to expect such a written explanation to reach them within a period of 30 days after they have left the apartment. They must also receive any balance left in the security deposit along with the written notice of deductions.

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