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Some landlords require pet deposits.Most landlords use the security deposit as a way to ensure that the apartment or house will be cleaned once the tenant has moved out. Sometimes it will be made clear that the tenant is responsible for cleaning the apartment or house when moving out. Other times, it is agreed upon that the security deposit will be used to clean the apartment after it is vacated, therefore the tenant does not have to be responsible for cleaning it.
Other times, there will be damage to the property, and a landlord will use the security deposit to fix the damage made by the tenant. -
In addition to security deposits, there are also pet deposits and cleaning deposits that are sometimes required. The security deposit is usually given to the landlord for them to "hold" the property for you until you move in. The cleaning deposit is sometimes added to the security deposit, to make sure that the premises are left tidy when the tenant moves out. Pet deposits are usually required when the tenant has pets that will be living with her in the rented unit. The pet deposit usually goes towards damages made by the pet, while the dwelling is inhabited.
If the unit is clean when the tenant moves out, the cleaning deposit will usually be refunded. Also, if there is no damage done by pets, the deposit is sometimes refunded, but other times the landlord will stipulate that pet deposits are non-refundable. - Sometimes a landlord will refuse to refund a rental deposit, claiming that it is non-refundable. Usually the tenant ends up in small claims court with the landlord, in an effort to get their deposit back. There are a few ways to avoid litigation, however. One is to get an itemized statement from the landlord when moving in. This statement should provide, in detail, what you are being charged for. This should include cleaning deposits, pet deposits and anything else you were charged for before you moved in.
- In addition to getting an itemized statement, it is best to walk through the unit you are renting before you move in and make note of the dwelling's condition. For example, if there is a tear in the carpet or a hole in the wall, make note of it. Also check the air conditioner, heater and appliances and make sure they all work before you move in. Doing this will ensure that you can address any problems you might have before moving in, so they can get fixed. If you move in and find that something does not work, the landlord may claim that it happened after you began occupying the unit, in which case you can lose your deposit if it needs to be replaced.
- Some people might think that if damage does occur to the house or apartment they are renting, then they will automatically lose their deposit. This is not true. The landlord is usually required to do a move-out inspection of the dwelling. At this time, she must allow you time to fix any deficiencies found in the unit. Once you have fixed the problems and moved out, the landlord must then return your deposit to you in a timely manner. The time limits on this vary depending on state, but they usually range from 21-30 days after you move out.
- A landlord cannot simply keep the rental deposit without telling you why it was not returned. He must provide you with receipts that document the costs of the estimates or repairs if they were not made by the landlord himself. If he performed the work themselves, then they should be able to produce receipts for the materials that they purchased.
