How much security deposit can a landlord charge?
All states allow landlords to collect a security
deposit when the tenant moves in; the general purpose
is to assure that the tenant pays rent when due
and keeps the rental unit in good condition. Half
the states limit the amount landlords can charge,
usually not more than a month or two worth of rent
-- the exact amount depends on the state.
Many states require landlords to put deposits in
a separate account and some require landlords to
pay tenants the interest on deposits.
What are the rules for returning security deposits?
The rules vary from state to state, but landlords
usually have a set amount of time in which to return
deposits, usually 14 to 30 days after the tenant
moves out -- either voluntarily or by eviction.
Landlords may normally make certain deductions
from a tenant's security deposit, provided they
do it correctly and for an allowable reason. Many
states require landlords to provide a written itemized
accounting of deductions for unpaid rent and for
repairs for damages that go beyond normal wear and
tear, together with payment for any deposit balance.
A tenant may sue a landlord who fails to return
his or her deposit when and how required, or who
violates other provisions of security deposit laws
such as interest requirements; often these lawsuits
may be brought in small claims court. If the landlord
has intentionally and flagrantly violated the law,
in some states, a tenant may recover the entire
deposit -- sometimes even two or three times this
amount -- plus attorneys' fees and other damages.
The rules for the keeping and return of security
deposits can be found in your state's landlord-tenant
statutes.
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