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• Jan. 3, 2006 - How to Get Back All Your Renter's Deposit - Do you Live in NYC?

   How to Get Back All Your Renter's Deposit

 

  Precautions should be taken, ensure all renter's deposit, returned 100 percent. The guidelines or agreement regarding the renter's deposit, should be clearly written in the lease, under the subheading of 'Security Portion.' The renter should read the lease carefully, and pay attention to the requirements, necessary for refunding the deposit. The landlord should deposit the money into an escrow account, and not mingled, with other monetary assets of the landlord. In some States, the renter will get back the deposit, with any interest, and the landlord will provide the new tenant with a 'move inspection checklist,' be completed, at the time, when moving into the residence. Any prior damages or problems, should be noted, and returned to the landlord. Important, any damages are not listed, could be charged against the tenant’s deposit for repair. Additional measures include, taking pictures of the home, and noting any damages. If the tenant breaks the lease, then the landlord has the right to deduct a portion or keep the entire balance of the renter's deposit.  Always, pay the rent on time, avoid any late fees, could be deducted, from the deposit. Notify the landlord, thirty days before vacancy. Some states have guidelines, notifying the landlord, within a specified number of days, before moving out. Remember, before vacating, always clean, and repair any damages, are else the landlord can deduct the expense of repair, and clean up, against the deposit. Also, return all keys to the landlord, including any keys to facilities, in the building. Physically hand over the keys to the landlord, and do not simple leave keys inside an addressed envelope or someone else, since the keys may get lost.  Any keys not returned, landlord may charge, replace those keys or locks against the amount of the deposit. Provide landlord forwarding mailing address, where renter's deposit can be send. After vacating the residence, the renter's deposit, should be mailed within thirty days. Trying to avoid, any problems the landlord, may claim against damages or cleanness of the apartment or home, by tenant walking through the dwelling with the landlord for an inspection, before or soon after vacating. In the State of Florida, the landlord is required by law to notify within 15 days (after vacancy) the previous tenant, by certified mail, reasons for any deductions, from the security deposit or return the deposit.

 

   When the Landlord does not return, renter's deposit, within 30 days, following steps should be considered. First: Write a letter to the landlord. Specifically outline what you want, in a polite and concise manner. Also, what you will pursue legally, if the deposit is not returned within a specified number of days. Consider, sending this letter by return receipt. If the landlord deducts any amount, from the renter's deposit, the landlord must provide, a written receipt or outlined cost, for any charges. The previous tenant may pursue legal actions. First: In Small Claims Court, and contacting an attorney, for breach of contract.  When going to Small Claims court, tenant should bring a receipt, showing the payment of the deposit, copy of the rental agreement, photographs before and after, moving into the residence, any signed document, by the landlord upon inspection, of the dwelling, for any damages, prior to moving, into the home. Also, copy of the letter: Requesting the deposit, any other relevant documents, and witnesses. In some states, landlord would pay for any punitive damages, if money was withheld, in bad faith, and in the State of Florida landlord (which may apply in other states) pays, tenant's court costs.  Also, The Resident Solutions Group helps renters, claim their renter's deposit, and provide a guarantee. Their E-mail address: support@residentsolutionsgroup.com

 

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