I ended up in a huge dispute with my last landlord over the security deposit. Any ideas for how I can avoid this in my new apartment?
Tenants who rent long enough will undoubtedly run into disputes with their landlords over security deposits. And once you get burned, you are much more likely to give consideration to some basic steps that might help you avoid, or at least better handle, a future dispute over the security deposit.
Being vigilant about protecting your security deposit starts before you ever move into the rental property. Review your lease in detail, and get comfortable with it. If there is a provision in your lease that you don’t understand, ask for an explanation. Keep in mind that leases are negotiable, and as the tenant, you are within your rights to request changes to the lease before you agree to it. Landlords are under no obligation to negotiate the terms of a lease, but they may be flexible if they want you as a tenant.
Before moving in, the tenant should inspect the rental property and make a detailed list of everything that is damaged, broken, or not functioning properly. Show the list and corresponding problems to the landlord. If possible, have the landlord sign the list indicating his or her understanding of the problems identified by the tenant. Keep the list until the end of the lease as a precautionary measure in the event the landlord tries to deduct from the security deposit for one of these items.
Report problems to the landlord as they arise during the lease. Meet with the landlord before it’s time to move out, and discuss the landlord’s upcoming inspection of the premises. For example, it’s good to understand the landlord’s definition of “clean,” so that you can leave the rental unit in that condition. Additional cleaning expenses are security deposit deductions that landlords and tenants often dispute. You may want to walk the rental property with the landlord after you have moved out to discuss (and possibly address) any of the landlord’s concerns. Also be sure to take photos of the property after you have moved out and cleaned it in the event of a dispute.
This article appears in August 22 • 2008.