FindLaw is a GREAT resource for landlords, real estate agents and property managers and in this link is to an article regarding HOW tenants can get their ENTIRE Security Deposit back from their landlord.
#1. Move-out inspections. Some state landlord-tenant laws specify that the landlord and tenant must inspect the property jointly and discuss charges to the tenant's deposit. A few states * like CA * allow the tenant to make "corrections" to the property.
While most states do not have this requirement, landlords and tenants often misinterpret this option. ABSENT state specific requirements, the inspection SHOULD BE for the tenant to advise the landlord WHY the property is in the current condition.
#2. Giving NOTICE is a HUGE issue. Many think that it can be given ANYTIME during the month for a periodic or month to month tenancy and this is INCORRECT. State laws RULE and many state that notice MUST be provided BEFORE the next "hiring" or rent due date so giving notice anytime may make the tenant responsible for yet another month's rental payment.
#3. I need a pillow that says DIRT IS NEVER NORMAL WEAR and TEAR! NEVER. If it can be CLEANED, it needs to be cleaned and that includes garage floors (swept); patios, porches, behind the refrigerator and the baseboards.
#4. Unpaid rent...also means late fees and unpaid repair costs and NSF fees. If these are paid during the lease, all the better; however, if the tenant and landlord have let these issues go to be deducted from the security deposit there could be a BIG NASTY SURPRISE.
#5. Starting the deposit return countdown. The countdown should start once the keys (possession) is returned and NOT necessarily the end of the lease. Tenants who want to keep property keys are 1) responsible for anything that happens at the property while it is in their control AND they are delaying the START of their deposit return countdown.
Many states do not have these timelines; however, DIY landlords who use leases not specific to their state MAY have a timeline in it which needs to be honored.
In any event, landlords and tenants need to have a clear understanding of their duties and responsibilities for move-outs. Landlords providing a check-out checklist to tenants with the lease and then AGAIN when notice is received and tenants allowing time to properly clean are a GREAT way to start
Comments(7)