After you’ve found a new place to live, moved out of your old place and relocated all your belongings and furniture, there’s one last pesky move-out detail that plagues so many renters: getting your deposit back. Many property managers are reluctant to return it, and you might not get all (or even any) of your money back, even if you deserve it. Aside from times when it’s OK for the property manager to keep some of it (if you damage something or have unpaid rent or utilities), Florida attorney Alex Stern of the Little Guy Law Firm shared his best tips on how to get your security deposit back.
Notify Your Property Manager of Damage
When something breaks in your apartment, be sure to notify the property manager in writing immediately. If you don’t, you run the risk of the property manager thinking you were responsible for the damage even if you weren’t.
“In most instances, the [property manager] is responsible for fixing broken items in the house, regardless of the cause,” says Stern. If you did accidentally cause some damage, you’ll want to discuss it with your property manager so you can agree on a cost instead of the property manager using the entire security deposit to cover it.
If you are charged for something, make sure it costs what it should. Stern says he saw one property manager charge a renter $25 for a single light bulb. You’ll also want to review your lease to ensure the property manager isn’t allowed to take some of your deposit. For instance, some places charge a rekeying fee.
It’s also important to note that most property managers are required to cover normal wear and tear — like cleaning, painting and carpet treatments. These items shouldn’t be taken out of your deposit.
Take Pictures
You’ll want to photograph the place before and after you move in so you have photographic evidence of what the apartment looked like. That way, you won’t be blamed for damage that occurred after you moved out.
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Make Sure Your Property Manager Has Your New Address
If you’ll be moving out, you want to write a letter to the property manager to ensure he or she knows when you’ll be leaving and has your new address. Write this as soon as possible. That will ensure the property manager can’t claim he didn’t have your new address.
Reach Out at the Right Time
This law varies from state to state, but most will allow the property manager 30 days to file a written claim requesting to hold your security deposit. If your property manager doesn’t file a claim within 30 days, he or she loses the right to use your security deposit. You’ll want to wait for the 30-day mark to request it to ensure you can get it back in full. If you contact the property manager too early, he or she can follow the necessary steps to take some of it.
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Give Written Notification and Then Take Necessary Steps
First off, you can try writing your property manager a letter to see if he or she will return it. If that doesn’t work, you can contact an attorney or a deposit return service. If you can’t find or afford a lawyer, you can try contacting a legal aid service organization that represents clients on a sliding scale, suggests Stern.
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