Avoid Future Dispute With Your New Landlord
I ended up in a security deposit dispute with my last two landlords. I just moved into a new apartment and am worried that the management company is going to try to stick it to me next summer when the lease ends. Any ideas on how I can best protect myself if I get in a dispute over the security deposit with my new landlord?
Tenants that 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 malfunctioning. 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. Keep the list until the end of the lease as a precautionary measure in the event the landlord tries to deduct one of these items from the security deposit.
Report problems to the landlord as they arise. 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. Security deposit deductions for cleaning expenses are often disputed between landlords and tenants. Also, consider walking the rental property with the landlord after you have moved out to address any of the landlord’s concerns. 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 September 11 • 2009.