Guidelines on Returned Apartment Deposits
Most apartments require that any new tenant put down a security deposit before he moves into the rental. The landlord holds the security deposit while the tenant lives at the property. When the tenant moves out, the landlord must inspect the apartment, make any necessary deductions and return the security deposit to the tenant. Each state has a set of laws governing the deductions and amount of time a landlord has for handling the security deposit after the tenant vacates.
Time Frame
The landlord must return the security deposit, less any deductions taken, to the tenant within a specific amount of time after the tenant vacates the apartment. The amount of time a landlord has to inspect the property and return the deposit varies by state. For example, the Alabama Law Institute reports that the landlord has 21 days to return the security deposit in Alabama. In Louisiana, the landlord has 30 days to return the deposit, according to the Louisiana Attorney General.
Deductions
The landlord can take deductions from the security deposit. For example, if the tenant leaves without paying the last month's rent, the landlord can deduct the past-due balance from the security deposit. If the tenant causes any damages to the apartment or the apartment building, the landlord can deduct the cost of repairs. The landlord can also deduct a reasonable cleaning fee if the tenant leaves the apartment in an unclean condition. The landlord must itemize any deduction taken and provide the tenant with a complete list.
Returns
The landlord can return the security deposit to the tenant by issuing a check and mailing it to the tenant's new address. For the tenant to receive her security deposit, she must notify the landlord of her new forwarding address upon moving out of the apartment. If the landlord cannot locate the tenant, he may have the right to hold the security deposit.
Tips
If a landlord fails to return the security deposit or provide a list of deductions taken from the deposit within the required time frame, the tenant has the right to sue the landlord. The tenant must file a claim in a local small claims court against the landlord. Both the landlord and the tenant will need to appear at the court date and plead their case. A judge will make the final decision.
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