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Information About Security Deposits

For the most part, when you rent a home you will be required to pay some sort of security deposit. While there is no uniform amount that a landlord charges that is the same for every state, most states have some sort of limit on the amount of deposit that can be charged. Typically the amount is up to 2 months of rent.

In many states, landlords must keep your deposit money set aside in some sort of escrow account and cannot use it for anything except for missed rent and to make major repairs that you cause while living in their rental property. Normal wear and tear is expected when you own a rental property so landlords are in many states prohibited from deducting the costs of fixing normal wear and tear.

Normal wear and tear items would typically be carpet cleaning after you move out (unless you had an agreement that you would pay for carpet cleaning before you move out), repainting the home, or house cleaning for example. If you were excessively hard on the property, the landlord may win against you and get to keep some or all of your deposit to make repairs on the property once you leave.

The best way to make sure you security deposit gets back to you is to keep the place in good shape while you live in it and leave it clean when you leave. Also, take pictures of the place before you move in and keep a copy and give a copy to the landlord so that each of you can reference them when the time comes when your lease is up.

If you have any questions or concerns about your security deposit we recommend that you contact a real estate attorney in your city or contact your state Attorney General's office.