Landlord And Breach Of Security Deposit
Security deposit is the amount that a tenant has to pay to his landlord other than the rental money. A landlord has to give back the security deposit to his tenant upon termination of the lease agreement. Security deposit is the amount that is meant to recover the losses incurred to the property due to misuse by a tenant. It does not, however, include the regular wear and tear of the items.
These include minor chipping, fading away of wall color, scratches in the cabinets, distortion of doors and windows, accumulation of dirt on the carpeting due to heavy concentration of traffic in an area. Apart from this, any regular damage that happens due to aging would not be considered for recovery from the security deposit. Any damage caused to the rental property due to any natural means like fire, burglary, storm or floods is not deducted from the security deposit.
A landlord can deduct the security money deposit for the damages such as cleaning, un-cleared rental and any willful damage to the property. A tenant is expected to keep the rental unit clean before handing over the keys to the landlord especially items like drapes, mini-blinds, oven, cabinets etc. A landlord may deduct some amount as cleaning charges from the security deposit if these things are found unclean.
A landlord has to pay back the security deposit in full or deduct the required amount for the damage to the property within twenty-one days of the tenant vacating the rental premises. If the tenant does not receive any money or part of the money within this stipulated time period, he or she has to ask for the same by writing a letter to the landlord. This letter must be sent to the landlord via certified mail. The landlord, after the receiving the letter, has to take necessary action within ten working days. If that fails, then a tenant can resort to legal action by approaching the small claims court.
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