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Apartment Law
Apartment Security Deposits

Part of the cost of renting is the apartment security deposit. Before moving into an apartment you are required to pay a security deposit, which is money held by the management company or landlord to be used in the case of damages, repairs, cleaning or unpaid rent on your apartment after you move out. A security deposit is generally the amount of one month’s rent and may not exceed the amount of two month’s rent.

Move-In Inspection
After you sign your lease, you should be given a move-in inspection form. The move-in inspection report is very important because it will be used to compare the condition of your apartment upon moving out. You should strive to be accurate and detailed about the condition of walls, floors, ceilings, appliances, etc. After you fill out the inspection form, be sure to make maintenance request for any necessary repairs.

Moving Out
As you prepare to move out, ask for a list or refer to the section in your lease that details exactly what condition the apartment must be left in. At the very least, you should remove all furniture and personal items, vacuum, clean appliances, remove all trash and clean bathrooms. The more effort you make, the more deposit is likely to be returned to you. Doing things like puttying the nail holes and touching up paint can be well worth the effort.

Do the final walk through with your landlord or management representative if possible, getting an estimate of any charges against your deposit in writing. Your landlord should allow for normal wear and tear based on how long you have lived in the apartment. Things you can be charged for include negligence, careless or abuse resulting in damage to any part of the apartment. You should only be charged for the reasonable cost for cleaning and repairs if you don’t do them yourself.

Deposit Return
Be sure to leave your forwarding address with the landlord or management office. Deductions taken from your deposit must be in writing, itemized with descriptions and sent to you within 30 days of moving out. If you feel that you have been treated unfairly in regard to the deposit return, or your landlord does not return the deposit or contract you within 30 days you should contact them by phone and send a letter. If they are unwilling to explain the deductions or don’t refund your deposit within 30 days, you should contact a real estate lawyer.


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Types of rentals include studio, 1-bedroom, 2-bedroom, 3-bedroom, and 4-bedroom apartments; condominiums, single-family homes; shared rentals, and room and board homes. These may be listed by other names in some areas. When considering a particular dwelling, be sure to confirm the specifics of what you will be renting. We also strongly encourage you to make personal visits.