When it comes to security deposits, there seems to be various opinions on what can and cannot be held when a tenant vacates a rental unit. However, the law is very clear on what is allowed. Generally speaking, “normal” wear and tear cannot be paid for out of a security deposit; excessive filth and damage can.

The laws governing security deposits are fairly consistent throughout the States. Of course, there are variations between jurisdictions, so please check your local laws and statutes before you proceed.

One of the things that may surprise you about your tenants is that they will not tell you everything. They may not tell you when something in their apartment breaks or stops working. Tenants may also bring in roommates that you do not know about. Finally, tenants may not tell you that they own a pet.

Let’s face facts: You probably scared your new tenant right at the beginning of your landlord/tenant relationship into hiding the fact that he owns a dog and will be bringing it with him when he moves into your apartment complex or property. You most likely require a higher security deposit for pet owners because pets can cause costly repairs and maintenance.

Question

One of my tenants put down a security deposit, and was scheduled to move in the following month. A week before the move in date, I was called and told that due to a recent relocation in his job, he will not be able to fulfill the lease, and wants his security deposit back. Do I have any rights in this situation, or do I just lose out on the deposit?

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Question

My tenant recently moved out of their apartment, but did not give me their new address. I have their security deposit that needs to be returned to them, and am not sure what to do with it, any suggestions?

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