To protect yourself from unscrupulous landlords, read the rental agreement carefully, ask for an inventory, take inventory and record the property’s condition with photos or video, clean up 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 a few basic tips is a good way to protect yourself from unscrupulous landlords. Tenants must read the rental agreement carefully and ask the landlord for an inventory. Tenants should also take 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 a landlord is wrongfully withholding a deposit.
One of the basic rules of deposit protection is to always read your lease carefully. Check that there are no hidden clauses or elements that are not easily understood. If anything in the contract is unclear, ask the landlord for clarification.
Request an inventory from the owner. If either party is unsure of what is contained on the premises, there may be discussions about missing or broken items when the lease is up. When the landlord provides the inventory, review it carefully to make sure there are no omissions.
Another important deposit protection tip pertains to tenants taking inventory before or when they move. There is every possibility that the landlord has lost something in the property, so it is up to the tenant to search every nook and cranny carefully. If any existing damage to furniture, walls or floors, for example, is excluded from the owner’s inventory, report it immediately.
Taking photos or video inside your home or apartment is another step forward when it comes to deposit protection. Writing accounts of stained carpets and patterned walls is one thing, visual evidence is quite another. If the tenants discover that cracks appear in the walls or ceiling during their stay, these must be photographed and reported to the landlord.
When it comes time to leave, tenants must clean the property thoroughly. Dirty walls and doors don’t reflect well with many landlords who may use any spot of dirt to justify hiring a cleaning company and subtract the cost from your security deposit. Perhaps the best advice for deposit protection is to consistently clean your home and keep it in reasonable condition throughout the term of your lease. This ensures that a huge cleaning operation is not required when the contract is up.
Tenants should try to remember where each item was left before moving in. For example, if chairs and tables that belong to the owner have been moved from one room to another, they should be returned to their original locations. Also, don’t leave personal items behind you. Some landlords charge extra for removal of abandoned items.
If all of the above deposit protection suggestions fail and the owner withholds the money, legal action can be taken. Small claims court generally handles deposit disputes. If tenants can prove their deposit is being held wrongfully, 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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