The residential security deposit that is often a source of conflict at the end of a lease or rental agreement is defined under state law. The actual definition varies from state to state, but for the most part residential rental deposits are substantially the same in each state. The purpose of the definition of a security deposit is to protect consumers from landlords that often try to take advantage.
Under California law a residential security deposit is codified in the civil code. It is defined as any payment, fee, deposit or charge, including but not limited to, any payment, fee deposit, or charge, except as provided for under section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to used for any purpose, including, but not limited to compensation for the landlord for the tenant's default in payment of rent; repairing damages to the premises caused by tenant or by the tenant's guests or licensees (excluding ordinary wear and tear);cleaning the premises upon termination of the tenancy; and if the rental agreement so provides, remedying future tenant defaults in an obligation under the rental agreement to restore, replace or return personal property. The residential security deposit does not become something else by labeling it something else.
Under the definition of a residential security deposit the security deposit includes the fees imposed at the beginning of tenancy for the purpose of processing a new tenant. The so called screening fees are refundable security deposits unless specifically exempted. The type of screening information that is not refundable is the fee charged for obtaining personal background information relating to the tenants rental history such as personal reference check, consumer credit reports, and past unlawful detainer litigation. This screening fee may not exceed $30 and it subject to adjustment every year. A landlord may not charge a screening fee if the landlord knows there is no vacancy or should know there is no vacancy. The landlord is also required to itemize the screening activities, the amount of time spent on each activity, and the out of pocket expenses incurred by the landlord and provide a copy to the tenant. If a credit check was done a copy of the credit report must also be provided the tenant.
Overall the intent of the regulations is to keep the landlord from taking advantage of the tenant by attempting to mischaractirize or misuse the security deposit.
Interest On Security Deposit
When you rent an apartment, you will most likely be asked to pay a security deposit. In many cases, the deposit is equivalent to one month's worth of rent, though it might be more. Your landlord is within his or her rights to request that you pay a security deposit, but there are several things you should know about the deposit before you sign a lease agreement and move into your apartment.
What is the Security Deposit For?
When you rent an apartment, you will likely be asked to pay a deposit in order to protect the landlord. If you fail to make your monthly payment or if you break your lease, the landlord may be able to keep your deposit in order to recoup the loses he or she experiences. Similarly, if you cause damage to the apartment before moving out, your landlord can keep the money or a portion of the money in order to make repairs to the apartment.
If the landlord does keep all or a portion of your security deposit when you move out, he or she must provide you with a detailed account of why the money was retained. For example, if you caused damage to the apartment, the landlord must detail that expense and demonstrate why the money was retained.
What is a Security Deposit NOT For?
Some unscrupulous landlords will attempt to keep a security deposit when a person moves out of the apartment, and some get away with it because their former tenants simply do not know their rights.
One thing that a security deposit is not for is wear and tear. If the dishwasher in the apartment needs to be replaced because it has worn out or the walls need to be repainted because the paint is getting dull or discolored, you are not expected to pay for these expenses.
In most states, landlords are required to return a deposit within 30 days after the tenant moves out of the apartment. It is a good idea to check with your state if you are uncertain about the time frame your landlord has.
Preparing for Disputes
If your 30 days has come and gone since you moved out of the apartment and your landlord still has not returned your security deposit, it may be time to file a claim in small claims court. In order to prepare for this possibility, you should always document the condition of the apartment before you move in as well as at the time you move out. Taking photographs is also a good idea as this will give the judge a visual idea of the condition of the apartment both before you moved in and after you moved out.
Although no one anticipates having difficult with getting their security deposit back when moving out of an apartment, it is always a good idea to plan for the worse situation. That way, you will be protected regardless of the situation.
Eric Bramlett has sinced written about articles on various topics from Free Credit Report Score, Real Estate and Tanning. Eric Bramlett is the broker & co-owner of One Source Realty in Austin, Texas. Eric currently manages his Guide, his. Eric Bramlett's top article generates over 135000 views. to your Favourites.
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