Tenant Rights: Security Deposit
In every state, the law allows a landlord to collect a security deposit from a tenant. A security deposit is a way to ensure that if a tenant damages the rental unit or moves out before the lease or rental agreement expires, the landlord can recoup some of the costs associated with the damages.
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Amount
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The laws regarding security deposits vary in every state, but most allow a landlord to collect a security deposit that is one to two times the monthly rent.
Move-In Inspection
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Some states require a landlord to document the condition of a rental unit in a "move-in statement" before a new tenant moves in.
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Use
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A landlord can use a security deposit to pay for the cost of fixing damage to the rental that exceeds normal wear and tear, for unpaid rent and to clean the rental.
Normal Wear and Tear
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Normal wear and tear is the ordinary wear that occurs through regular use. This will include a worn pathway in the carpet, but not cigarette burns in a carpet.
Return
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The tenant is entitled to the unused proceeds of the security deposit. In most states, the landlord must return the security deposit within 14 to 30 days.
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