A landlord is required to return a tenant’s deposit within a certain time frame. Generally, this includes 21 to 45 days after the tenant has moved out and surrendered possession of the rental property.
The amount of the deposit varies according to the landlord, but it’s normally equal to one or two months’ rent. This deposit should be refunded to the tenant if no damage is done, or a portion may be kept to cover such damages or any unpaid rent.
However, there are certain situations when a landlord is authorized to keep the entire deposit, or even add extra fees.
To avoid any misunderstandings or legal issues, landlords and tenants should learn the legal requirements and understand the local laws relating to the return of security deposits at the end of a tenancy.
The Definition Of Security Deposits
Basic Explanation Of Security Deposits
A security deposit is a sum of money that a landlord asks for before a tenant moves into a rental property.
It acts as a safeguard for the landlord to cover any damages that the tenant may cause to the property.
While a security deposit is not mandatory, most landlords require one.
The Purpose Of Security Deposits
A security deposit is collected before a tenant moves in to ensure that the landlord is protected from any damages caused by the tenant.
The landlord can use this money to cover the costs of repairing anything the tenant damages, returning the property to its original condition.
If a tenant leaves the property undamaged, then the landlord must return the deposit amount.
Different Types Of Security Deposits
There are different types of security deposits that a landlord can require from a tenant. Here are some of the most common ones:
Standard deposit
This is the most common type of security deposit, where the landlord asks for a specific amount of money to serve as a deposit.
Last month’s rent deposit
This deposit is the last month’s rent that needs to be paid in advance. It can act as a security deposit if the tenant damages the property.
Pet deposit
Some landlords require a pet deposit if the tenant has a pet. This deposit is used to cover any pet-related damages.
Cleaning deposit
A cleaning deposit is collected to make sure that the property is clean before the tenant moves in. It can cover cleaning costs if the tenant does not leave the property clean.
Remember that until the tenant vacates the property, the money collected as a security deposit technically belongs to the tenant, and the landlord must keep it safely in an escrow account.
When Does Landlord Have To Give Deposit Back
As a tenant, you give a deposit to your landlord as security against any damages or unpaid rent. But when does your landlord have to give it back? Let’s find out.
Legal Obligations And Requirements Under State Laws
Before we dive in, it’s essential to understand that laws governing security deposits differ from state to state.
Some states don’t have any specific rules while others have strict laws and regulations in place.
- In general, landlords must return the deposit within a specific time frame, usually between 14-30 days after you move out.
- If landlords fail to give back the deposit on time, you can take legal action against them.
- State laws require landlords to give you an itemized list of any deductions made from your deposit.
Common Reasons For Security Deposit Deduction
Landlords can deduct money from your deposit if you caused any damages.
- If you left the property dirty or damaged, landlords can use your deposit to pay for cleaning or repair costs.
- Unpaid rent is another reason why landlords might hold on to the deposit.
- In some states, landlords can withhold the deposit until tenants provide proof that all utilities are paid.
Common Mistakes That Landlords Make
While landlords have the right to deduct money from the deposit, they may make some common mistakes:
- Deducting money for normal wear and tear: Normal wear and tear is expected over the rental period and can’t be charged to the tenant.
- Failure to provide proof of damages: Your landlord must provide proof, such as photographs or receipts, of the damages for which they are charging you.
- Holding the entire deposit: Landlords can only withhold the amount required to cover the damages or unpaid rent.
- Missing the deadline for returning the deposit: As mentioned earlier, landlords must return the deposit within a specific time frame.
Frequently Asked Questions For When Does Landlord Have To Give Deposit Back
When Does The Landlord Have To Return The Deposit To The Tenant?
The landlord has to return the deposit within 14-60 days after the tenant moves out, depending on state law.
Can The Landlord Withhold The Deposit?
The landlord may withhold the deposit for unpaid rent, damages beyond normal wear and tear, and cleaning fees.
How To Get The Deposit Back From Landlord?
The tenant should request the deposit in writing and provide a forwarding address before moving out.
What If The Landlord Does Not Return The Deposit?
If the landlord does not return the deposit, the tenant can sue them in small claims court or contact an attorney for help.
Conclusion
Navigating the rules of rental deposits can be tricky, but understanding your rights is crucial.
Generally, you should expect your landlord to return your deposit within 30 to 60 days of lease termination, subject to agreed deductions.
Know your lease, stay informed and secure your financial interests.
Reference
https://www.mass.gov/info-details/learn-about-returning-or-getting-back-a-security-deposit