The day you move in
The deposit is won or lost in the first 48 hours. Before the furniture arrives, walk every room and photograph or film the floors, walls, blinds, appliances, the inside of the oven, and under each sink. Fill out the landlord's condition checklist in detail, or write your own if none is offered, and email it to the landlord so a dated copy exists. Damage you fail to record becomes yours by default.
What may be deducted
A landlord may keep money for unpaid rent, for damage, and for cleaning needed to return the unit to its move-in condition. A landlord may not charge for normal wear and tear, which covers faded paint, light scuffs, carpet worn along walking paths and, in most places, a few small nail holes. Burns, pet stains, holes in drywall and broken blinds count as damage. Carpet and paint have a limited useful life, and courts in many states expect a charge to be prorated, so you should not pay for new carpet to replace one that was already eight years old.
Moving out in order
- Give written notice exactly as the lease requires, and keep a copy.
- Ask for a walk-through before you leave, which some states oblige the landlord to offer, so you can fix what is flagged.
- Clean the oven, the refrigerator, the bathroom and the floors, and patch small holes.
- Photograph every room again once it is empty.
- Return every key and get a receipt or an email confirming it.
- Give your forwarding address in writing, because several states excuse a late refund without one.
If the money does not arrive
State law sets the deadline, commonly 14 to 30 days and as long as 45 or 60 in a few states, and most states require an itemized list of deductions. When the deadline passes, send a short demand letter by certified mail that cites the statute, states the amount, and allows ten to fourteen days. After that, file in small claims court, where the fee is usually under $100 and no lawyer is needed. Many states award two or three times the deposit when a landlord withholds in bad faith, and a letter that mentions this tends to get a check.
Note Do not skip the last month's rent on the theory that the deposit covers it. Unless the lease allows it, that is a missed payment, and it hands the landlord a late fee and the moral high ground.
