I will be moving next week and am trying to schedule my move-out inspection with my current property manager. I have a question about my rights regarding the return of my security deposit, and what the landlord can take deductions for.
I am moving out of my unit, in part, because it (and the units adjacent, and other buildings in the complex) is infested with mold. I know for a fact that once I leave my unit will be gutted and redone. The maintenance guy and the contractor renovating the other buildings with mold came by yesterday to do the inspection. I know that generally security deposits are withheld because of the cost of repairs to wear and tear in the unit. Since the place will be gutted anyways, does this affect what the landlord can withhold from my deposit?
IANAL and all of the standard disclaimers: Take pictures. Better if you also have pictures at time of moving-in. If part of your deposit is witheld, I’d get the justification for same in writing, and then obtain a copy of the landlord-tenant act (or similar legislation) for your particular state/county/city.
We have recent pictures of the mold for our own records. Unfortunately I don’t have any pictures from move-in. I’ve read the relevant sections of my state’s statutes dealing with residential tenancies regarding how the deposit is to be taken and held by the landlord, and stating that I have 15 days to object to any withholdings, but it doesn’t really cover what a landlord is allowed to withhold for. My untrained guess would be “anything he damned well pleases”, I just wasn’t sure if there were some precedent or other regulations concerning it.
There don’t seem to be any real sources of information renters on how to deal with mold issues either. A lot of information for homeowners, but nothing regarding tenants rights. At least, not in Florida, which seems strange to me. Any information on that would be aprpeciated too. We’re avoiding the matter this time by just moving out, but I’m crossing my fingers that we don’t just run into the same issue again somewhere else down the line.
The next question should be “What does it say in state law about deposits?” It’s not at all uncommon for clauses in a lease to be completely unenforceable, but put there anyway either out of the landlord’s ignorance, or hope of the tenant’s.
Normally security deposits are used only for actual damages (NOT normal wear and tear) and/or to replace unpaid rent. Most places, the landlord is required to provide you with a detailed accounting of any amount taken out of the deposit. That just means they have to send you a letter saying “x amount deposit less y amount for such-and-such damage leaves z” with a check for z amount.
It pretty much depends on what the landlord wants to call “damages”, and how much you want to argue. For instance, repainting is almost never “damages”, unless you only lived there for a couple months and trashed the paint. But I’ve seen landlords try to bill tenants for it.
OTOH, I’d think you’d have a fair shot in small claims court at getting the whole thing back, since the landlord wouldn’t be able to produce any receipts at all showing how much was paid to repair damages (or for materials, etc.).
Security money is not rent money according to the law. The idea of using your security as your last month’s rent leaves the landlord with no money to cover repairs, which is why they charge 1 1/2 to 2 months rent.
In New Jersey, the landlord has thirty days to give you a list of the damages and the balance of your security and interest.
Yes, it is not rent money and can’t be used to pay rent while you’re still there. But if you skip town without giving proper notice, the deposit can be applied to rent even if the house is in perfect condition.*
You get the interest in NJ? Wow.
*As with all things, check your local laws. Landlord/tenant acts vary from state to state.
XJETGIRLX, you didn’t say where you are, but if you Google “statename landlord tenant law” or somesuch, you’ll probably get a fair amount of info. The actual statutes are generally confusing, but there’s usually a few webpages that have translated the info into actual English.
Ah, that makes sense. I wasn’t sure if they could deduct normal wear and tear or not. I’ll double check on this point.
I live in Florida. Unfortunately there are no landlord/tenant groups that provide information online, or anything that was really helpful that I could find. Florida PIRG has a renter’s handbook online, but it doesn’t address an issue like this, just very basic information.
I’ll have to go back and double check my lease, but I suspect it won’t address the issue of what happens to my security deposit if the unit is going to be completely gutted when I leave anyways. Normally I wouldn’t worry so much, but I’m afraid the new property manager that was brought in shortly before I gave my notice may try to screw me out of whatever he can, as he did to our neighbors who moved out just before us. Luckily, he doesn’t seem too knowledgable, and didn’t even know how much notice I was supposed to give by law. So, I’m hoping if I arm myself with some solid information I can get back as much as possible.
Thanks for all your help!
