If you rent your housing, you need to be aware of the laws and rules that govern your tenancy and recovery of your security deposit.  

PRE-EXISTING DAMAGE

First, when you find a place you like, and have signed a lease, ask for the check in sheet for pre-existing damage.  The Landlord is supposed to provide you with it, but routinely does not.  If the Landlord won’t give you one, take it into your own hands, take a piece of paper and write down all the pre-existing damage you see in each area of the home.  Be specific, be descriptive and even snap a picture for extra protection.  Then get the landlord’s email and attach it to an e-mail with the pics to the landlord and request acknowledgment of receipt or send it certified mail and keep a copy for yourself.  You need proof that the Landlord got this within 7 days after you moved in.  This will prevent the landlord from taking your deposit for “damage” he may have charged other tenants for many times before. 

THE END OF THE TENANCY

When the tenancy ends, you NEED to take these steps.  First, clean up the place.  It doesn’t have to Downton Abby clean, but clean it up.  Don’t leave garbage, old furniture, clothing, etc.  for the landlord to clean up.  Nail holes are a favorite of landlords.  Get them covered!  A little spackle should do it.  http://homeguides.sfgate.com/fix-holes-drywall-spackling-43565.html 

CARPET CLEANING AND PAINTING

Now we come to two big ones.  This is big because I’ve seen landlords allegedly clean or replace all the carpet or paint the whole place and charge several hundred dollars against the deposit.  The law is that the landlord CANNOT charge for for these items if they are “normal wear and tear”.  They can charge for “unusual damage” or “tenant abuse”.  So if you do put a stain on the carpet or if the carpet is soiled, you should  get it clean yourself. DON’T leave it to the landlord to deal with because he will use it as a reason to replace the whole carpet and sock you with the bill.  Don’t go on the cheap. Rug Doctors are great and worth the rental cost, but sometimes you need a professional if that doesn’t work. You will work out a much better deal than the landlord.

THE PLACE IS ALL CLEAN, THEN WHAT? 

TAKE PICTURES!!  TAKE VIDEO!!  HAVE A WITNESS WHO IS NOT A TENANT!!  Assume that you will need proof that you left the place in good shape.  If you are sued by your landlord and do not have visual proof that you left the place in good shape, it puts you at a disadvantage.  Sometimes Landlords demand walk-throughs.  That is up to you. There is nothing that requires you to do that, but you must return the keys on the last day and give the landlord your new address and make sure your mail gets forwarded.  Also, KEEP YOUR LEASE.  Don’t throw it away.  Its a crucial document.  

WHERE IS MY SECURITY DEPOSIT?  

A Landlord must either return security and mail you an accounting of the deposit within 21 days.  If the envelope is post marked on day 22, the Landlord messed up in a big way.  Returning the security deposit or itemization gives you a TON of leverage.  This is because the law says if the Landlord doesn’t send you this within the time limit, you are entitled to twice the amount of the deposit, plus attorney’s fees and costs to recover it.  So this is important.  Save the envelope!!

LANDLORD IS RIPPING ME OFF,WHAT NOW?

If the Landlord is trying to deduct or recover sums he is not entitled to for excessive cleaning (like cleaning the windows) or deducting for things not having anything to do with damage or waste upon the premises, then he has wrongfully withheld deposit and opened himself up to a lawsuit.  Many times Landlords will not only take all the deposit but demand a payment from the tenant for overage and threaten to sue or report on your credit.  Don’t be bullied!  Don’t make any decision until you speak with someone who understands the law. 

The Call is FREE at the O’Neill Law Firm.  608-519-3551.