What Can be Deducted from my Security Deposit?
This post, "What Can Be Deducted from My Security Deposit," was originally published on the Apartments.com Renterverse in 2021.
Security deposits are one of the foundational elements of securing a solid lease. Your security deposit is an amount of money (usually equivalent to one month of rent) given to the landlord after your rental application is approved. This deposit “secures” your rental, but its real purpose is to give your landlord some security should you default on rent or unexpected damages happen outside of normal wear and tear.
WHAT COULD CAUSE YOU TO LOSE YOUR SECURITY DEPOSIT?
Not cleaning your rental before moving out
It’s up to you as a renter to ensure you leave your rental as good as you found it when you moved in. In some states, it’s legal for a landlord to use your security deposit to pay for professional cleaning services if you left the apartment or house in a less than desirable condition. When it comes to cleaning your rental, after you’ve swept and done all the requisite tidying, focus on cleaning base boards and removing stains from walls. Pay special attention to areas that may go unnoticed, like the crevices of the shower.
Not giving proper notice
Vacating your rental without proper notice is a surefire way to put your security deposit in jeopardy. Your lease should specify how much notice you have to give your landlord before terminating your lease or not renewing. If you don’t provide ample notice, your landlord may have trouble finding a tenant in time to take over the rental, and in most states, they can take your security deposit to cover any loss of income since you didn’t abide by the lease stipulations.
Unpaid utility bills
There are a couple of cases in which unpaid utilities could be deducted from your security deposit. If collectors can’t charge you and the unpaid bills are addressed to the rental you’re leaving, your landlord may be held responsible. In which case they can use your deposit to pay the debt. If your utilities were included in rent and you exceeded what could be considered “reasonable use,” meaning you used an excessive amount of water or electricity, your landlord can charge you for those costs or use your security deposit when the lease is up.
Not paying rent or owing late fees
Using a security deposit to cover unpaid rent is relatively uncommon. For a landlord to cover unpaid rent or late fees with a security deposit, those costs would have to be caused by directly neglect by the tenant. For example, if the rental remains vacant because it was damaged or needs extensive cleaning beyond normal wear and tear, then the cost associated with the vacancy could be covered by the remaining security deposit.
Too many items left behind after move-out
You may be tempted to leave behind furniture or other items you don’t plan on bringing with you to your new apartment, but if those items become the responsibility of your landlord to dispose of, you might lose out on your deposit. You want to leave the rental just as you found it, so if an item wasn’t there when you moved in, take it with you or dispose of it when you leave.
You didn’t document existing damages
Move-in and move-out inspections are crucial for protecting yourself against wrongful charges. If you and your landlord failed to catch preexisting damage and you can’t prove it wasn’t your doing with either photos or videos, you might have your security deposit deducted from.
Unauthorized repairs and alterations to the rental
It’s fun to make your space your own. Most landlords may let you paint or make small additions to your rental that can be easily reversed, but if you’ve made any major changes that your landlord didn’t approve, your security deposit may be used to cover the cost of returning the rental to its original state.
You broke the lease
Lastly, any infraction against your lease that means you must leave your rental and puts your landlord on the hook for covering vacancy on their own dime could lead to you losing your security deposit.
COMMON SECURITY DEPOSIT DEDUCTIONS
The most common security deposit deductions usually come when your landlord has to pay for a major cleaning service or item removal. Patching and painting holes in the wall, trash removal, and washing walls are some of the most common deductions you’ll see.
WHAT TO KNOW ABOUT SECURITY DEPOSIT LETTERS
A landlord can’t prescribe their own price on something that your security deposit is paying for, nor can they deduct from your deposit without letting you know in writing. Most states require that the security deposit (or deduction letter) be provided to the tenant within 30-45 days; some requires less time, so check your state laws. The service in question needs to be priced by a professional and provided to you to show why that amount is being withheld from your deposit. If your landlord is doing the job themselves, the materials and labor amount need to be provided to you.
STEPS TO TAKE WHEN A LANDLORD KEEPS YOUR DEPOSIT
It can be frustrating to not get a little bit of money back at the end of your lease. If you were at fault for why your security deposit was withheld, there’s not much you can do. Just read your lease carefully next time so you know what to avoid to ensure you get your next deposit back, and make sure you document your move-in and move-out diligently.
If you don’t agree with your landlord’s decision to keep your deposit, you have two routes to take. You can try talking to your landlord. Maybe their withholding of the deposit was a mistake, or maybe they would be willing to let you remedy the situation if it’s a case of leftover items. If that doesn’t work, you can take your landlord to small claims court. You will need evidence that your security deposit was withheld wrongly, so make sure you have a strong case before doing so.
Your security deposit is an important part of the leasing puzzle. If you want to make sure you get it back when it comes time to move out, make sure you read your lease carefully. Give your landlord proper notice before terminating your lease, don’t make any unauthorized repairs, and don’t let any utility bills default. If you think your security deposit won’t be returned in full, make sure your landlord has provided the proper notification letter so you understand why. Happy renting!
Published April 13, 2021
ABOUT THE AUTHOR
Hi, I'm Jake Margle, one of the copywriters here at Apartments.com. Outside of the Renterverse you can find me making videos about cars, starting sentences with conjunctions, and just being generally loud. Tweet me @JakeMargle