When renting a property, tenants should read the rental agreement carefully, request an inventory, do their own inventory with photos or video, clean the property before leaving, and contact small claims court if the landlord wrongfully withholds the deposit.
When renting a house or apartment, the importance of deposit protection should not be underestimated. Following some basic tips is a good way to keep yourself protected from unscrupulous owners. Tenants should read the rental agreement carefully and request an inventory from the landlord. Tenants must also do their own inventory and record the condition of the property with photos and/or video. Always clean up before you leave and contact small claims court if your landlord is wrongfully withholding a deposit.
One of the basic rules of deposit protection is to always read the rental agreement carefully. Check to make sure there are no hidden clauses or items that are not easily understood. If something in the contract is not clear, ask the landlord for clarification.
Request an inventory from the owner. If either party is unsure of what the premises contain, there could be arguments about missing or broken items at the end of the lease. When the owner provides the inventory, review it carefully to make sure there are no omissions.
Another important deposit protection tip is for tenants to do their own inventory before or when they move out. There is a chance that the landlord may have lost something on the property, so it is up to the tenant to carefully search every nook and cranny. If any existing damage to furniture, walls, or floors, for example, is excluded from the landlord’s inventory, report it immediately.
Taking photos or making a video inside the house or apartment is another step forward when it comes to deposit protection. Writing reports of stained carpets and molded walls is one thing, visual evidence is quite another. If tenants discover cracks appearing in the walls or ceiling during their stay, these should be photographed and reported to the landlord.
When it is time to leave, tenants must clean the property completely. Dirty walls and doors don’t reflect well on many homeowners who could use dirt patches to justify hiring a cleaning company and subtracting the cost of the security deposit. Perhaps the best tip for deposit protection is to constantly clean the house and keep it in reasonable condition throughout the tenancy. This ensures that a huge cleanup operation is unnecessary when the contract ends.
Tenants should try to remember where all items were left before they moved out. For example, if chairs and tables belonging to the landlord have been moved from one room to another, they should be returned to their original location. Also, don’t leave your personal belongings behind. Some owners charge extra for the removal of abandoned items.
If all of the above deposit protection tips fail and the landlord retains the money, legal action may be possible. Small claims court generally handles deposit disputes. If tenants can show that their deposit is being held unfairly, the landlord may have to pay up to three times the value of the initial security deposit, depending on the laws of the jurisdiction.
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