Can a Landlord or Owner Refuse to Give You Back a Portion of Your Deposit?
Renting a home or an apartment is an attractive option for many people who cannot afford to buy a home or who will be living in an area short term. Most people pay security deposits to their landlords so that the landlord is protected in case the tenant moves out unexpectedly or leaves the premises damaged. The landlord does have the right to withhold all or part of the deposit, but the tenant should always remain knowledgeable about his rights so that he gets back what he is owed.
Security Deposit Specifics
In most places, the specifics of what a landlord can or cannot do with a tenant's security deposit is set by law. This is good news for tenants, as you can easily find out what the landlord can and cannot do. The landlord also likely lays out the security deposit specifics in the lease, so read that before you sign anything. If the landlord attempts to withhold your security deposit for an extended period of time or for something you believe is not legal in your state, speak with him about it and possibly sue him in small claims court if you cannot work it out.
Rent and Utilities
Many states allow the landlord to withhold all or a portion of the security deposit for unpaid rent or utilities. This means that if you move out without paying or if you have paid only some of your rent, you likely will not receive your security deposit. Likewise, if a balance is left on a utility bill when it transfers from your name to the landlord's or the next tenant's, the landlord can use your security deposit to pay the remainder of the bill.
Damage
Security deposits are likely most often withheld from former tenants to pay for damage caused while the tenant is living there. However, the landlord should not use the deposit to pay for normal wear-and-tear that is expected to happen over time. Unless the damage is extensive enough that your entire deposit is needed, the landlord should only keep the amount he needs to repair or clean the damage. If your landlord informs you that she is withholding some of your security deposit, be sure to get specific information on what the problem is, as well as estimates from whomever will be doing the repair, so that you can make sure you are protected against the landlord withholding too much money.
Avoid Forfeiting
It is often easy to avoid forfeiting a portion of your security deposit. Some states require the landlord to walk through the rental property with you before you vacate and to point out issues that will require him to withhold deposit funds unless they are rectified. If this is not the law in your state, request that your landlord do this with you anyway. Clean or fix whatever he points out to the best of your ability. Simply making sure the rental property is in the same state when you move out as it was when you moved in is typically a good move toward receiving your deposit in full.
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