What is a security deposit for?

amother

Blonde

Wed, Sep 05 2018, 5:37 pm

amother wrote:

AFAIK it’s notnfor damage.
It’s requested in case you run off with the last months rent (because you’re getting out already), so they should have a months payment as security.

I believe it is for damages.

thunderstorm

Wed, Sep 05 2018, 5:42 pm

It's incase you don't pay rent and for any damage that is considered more than the normal wear and tear that occurs from just living somewhere . Meaning like holes in the wall, broken stuff etc.

amother

Lavender

Wed, Sep 05 2018, 5:58 pm

In my old building the security deposit went towards the last months rent. I totally forgot about it & paid the last month. 6 years later & im still running after the landlord to pay me back.

mha3484

Wed, Sep 05 2018, 6:00 pm

I am a landlord. We tell tenants that if the apartment is returned in the same condition it started out as, they get their full deposit back. If there are damanges I will deduct them and return the balance. One tenant left the apartment immaculate and I returned the full amount. One tenant did not and I kept the deposit and replaced a fridge and fixed huge scratches in the floor.

amother

Lavender

Wed, Sep 05 2018, 6:08 pm

I don't think it's reasonable to expect an apartment back exactly the way it was when tenants moved in. You should expect regular wear & tear, the apartment may look lived in. Especially with young kids.

mha3484

Wed, Sep 05 2018, 6:12 pm

I have kids that break things so when we moved out of our rental my husband fixed a whole bunch of things my kids broke and I still did not expect my deposit back. Its just life. I had a tenant with small kids that really did a good job keeping the place in good condition and I was happy to give them their money back. The second one cost me more then their deposit was for.

SixOfWands

Wed, Sep 05 2018, 6:20 pm

amother wrote:

Scratches chips on kitchen cabinet..holes from screws..any of those?

I wouldn't expect the cabinets to be flawless, but I'd say that anything beyond a tiny chip is more than ordinary wear and tear. And holes from screws definitely fall into the category of fix or pay.

watergirl

Wed, Sep 05 2018, 6:22 pm

mha3484 wrote:

I dont know where you live. Where I live, the landlord must provide proof of the repairs made and the cost involved. You cant keep the deposit to replace a refrigerator unless they actually broke it.

Edited to add - The landlord has 45 days to provide proof of repairs and returned the remainder of the deposit. Failure to do so guarantees the tenant three times the amount which was kept if the tenant takes the landlord to court.

amother

Wine

Wed, Sep 05 2018, 6:41 pm

It is quite normal to require two months rent - or technically three months rent - when lease is signed - first, last and security.

The standard is same condition as when lease started, normal wear and tear excepted - or sometimes adding "broom clean"

The interesting part is what is defined as "normal wear and tear" as many landlords use it for any amount of wear and tear - I.e. carpet not being immaculate or holes in the walls from some pictures being hung.

I left my last apartment with no damage - nothing trashed. My security deposit was upheld because of holes from pictures being hung - nothing crazy but a few normal holes. I had thought nothing of it because I assumed any landlord would be painting after three years anyway and so those holes would be prepped as part of a normal paint job.

Security was upheld and I actually took the trouble of attempting to get it back in Small Claims Court because I thought it was outrageous. The landlord would obviously return NO security deposit but just kept it as additional income stream. FWIW, I didn't collect in Small Claims Court either because it was extremely pro landlord. If this had been NYC, I would have prevailed because the courts favor tenants in NYC.

amother

Floralwhite

Wed, Sep 05 2018, 6:48 pm

SixOfWands wrote:

I wouldn't expect the cabinets to be flawless, but I'd say that anything beyond a tiny chip is more than ordinary wear and tear. And holes from screws definitely fall into the category of fix or pay.

Sorry but this sounds extreme and inhuman.

LittleDucky

Wed, Sep 05 2018, 9:55 pm

Depending on where you live there might be laws about requiring a walk through be done 2 weeks before tenant leaves so the landlord can assess and give an estimate of damages (with provisions for damage caused by move-out, damage not seen because it was blocked by your couch etc).
There is normal wear and tear like small scratches in the floor, minor dings in the wall, or appliances being "used". Some things should not (check local laws of course) be counted as damage: like landlords will paint apartments (often by law) before a new one moves in so anything that would be fixed by a simple coat won't be charged.

Items have a "lifetime" so if carpet lasts 10 years they often can only deduct the remaining time so if you were there 5 years they can only deduct 50% of cost to replace.
But look in your city's code...

Orchid

Wed, Sep 05 2018, 11:22 pm

mha3484 wrote:

So you're saying if an old fridge dies during my rental period I have to replace it with a brand new fridge? I had a landlord like that. You are putting the cost of wear and tear on the tenant. If a period of time passed, it is not reasonable to expect it to be returned in the same position. If a carpet has to be replaced every 10 years, the unfortunate tenant that lived in it during magic year #10 will have to replace. Not fair or reasonable.

watergirl

Wed, Sep 05 2018, 11:32 pm

Orchid wrote:

Nor legal. I wonder how many landlords own legal tenements.

watergirl

Wed, Sep 05 2018, 11:34 pm

mha3484 wrote:

Reasonable wear and tear is allowed and should be accepted without penalty. A landlord should understand that the home will not be left the in same condition it was before the lease. I’ve never rented without a statement as such in my lease. And I’ve been renting since 2001, lived in a A LOT of rentals.

maze

Thu, Sep 06 2018, 9:13 am

Orchid wrote:

Replacing an old fridge is the landlord's responsibility.

Orchid

Thu, Sep 06 2018, 3:19 pm

maze wrote:

Replacing an old fridge is the landlord's responsibility.

Obviously. As is replacing anything that shows sign of wear and tear due as they age. I was addressing the landlord above who said her policy is to use the security deposit money to pay for the rental to be in the exact same position as it was at the beginning of the rental, which means if the fridge died during the rental, well, the tenant is responsible, since tenant got it with a working fridge. Her policy is immoral and possibly illegal. Why on earth should tenants pay for normal wear and tear?