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Do you get back your entire deposit upon leaving after the lease is up?
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We are giving 30 days notice , our lease is up in March. We aren’t renewing . So ,how to we go about getting our deposit back and are we going to get the entire deposit? How does that work?
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5 Comments
March 15th, 2009 at 1:11 am
You basically need to leave the apt in the condition you recieved it. If you have been there for more than 2 years than you are not responsible for carpets (unless you put big holes in it) or painting. But you need to make sure the walls are clean, any holes you put in (like nails for pictures) are filled and everything is as clean as possible. Then you take pictures of everything. Also, do a walk through with the owner/landlord when you are done so they can check it out for themselves. They usually have a checklist in the event you missed anything. Get a copy of that. Document everthing to make sure you have proof that everything was clean. They have approx 30 days to return your deposit.
That should cover you.
March 16th, 2009 at 12:06 am
As long as you paid the rent and didn’t damage the property, the landlord should mail the security deposit to your new address within 30 days. You can, of course ask to get it in your hand right when you move out, and some landlords will do this.
They should return the entire amount. They would only keep it if you damaged the property beyond normal use (depreciation) or if you owed them money.
March 19th, 2009 at 9:13 am
Assuming your rental laws are the same as Canada’s, yet you are entitled to the entire deposit. That isn’t supposed to be secured against damages or anything, it just means if you were to move out suddenly, the landlord wouldn’t lose a month’s income while looking for another tenant.
Because the deposit is held for so long, you may also be entitled to interest on top of the original amount you paid, here it is 6%. No landlord has ever volunteered this interest so you’ll have to remind him to include it.
Just to be sure, check on line to see if you can find a copy of your area’s rental housing laws so you know your rights.
March 20th, 2009 at 12:57 pm
You will get the entire deposit back as long as you have provided adequate notice (some properties require a 60-day vacate notice), there are no damages, and you don’t have any delinquent fees. You should make sure that there are no stains on the carpet (beyond normal wear and tear), that mini-blinds are intact, and that you return all keys/gate cards, etc.
March 21st, 2009 at 10:47 pm
To get your full deposit back the apartment will need to be in the same or better condition than it was when you moved it. It’s needs to be clean enough that the next tenant can just move in. If the landlord has to clean the charges will come out of your deposit. Carpet is one of the biggest things landlords charge for. It needs to be shampooed and all stains removed. Carpet wears out and they can’t charge you for that, but stains they can and will. When you get moved and your ready to turn in the keys, take pictures and lots of them. Your landlord should do a walk through with you and point out anything he wants you to correct, but if he doesn’t you’ll have the pictures to back you up.
Your landlord has 30 days to return your deposit. If he keeps any portion of it, he must provide you with a detailed list of what he is withholding. Be sure he has your forwarding address so he can mail you a check.