DAMAGE CLAIMS AGAINST SECURITY DEPOSITS
© 1991-2003 by Neighborhood Legal Services, Inc.
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        A deposit secures the landlord against any damage a tenant may do to an apartment. The deposit is held in trust for the tenant until the tenancy terminates. At the end of the tenancy, the landlord should tell the tenant about any damage the tenant will be held responsible for.

        A landlord may use the security deposit to cover reasonable cost of repairs beyond normal wear and tear and/or any unpaid rent.

How will the landlord decide what damages in the apartment I will have to pay for?

        Every landlord has their own way of handling damage claims. You may have a written lease agreement that establishes the process to be followed. You should talk to your landlord about what steps he or she plans to take.

        After you decide when you will leave the apartment, you should attempt to schedule a time to inspect the apartment with your landlord. The best time to do this is after you have moved all of your belongings out of the apartment. You and your landlord can decide if there is any damage beyond normal wear and tear.

        If you cannot work something out with your landlord, you should get as many witnesses as you can to inspect the apartment with you and note the condition of each room in the apartment. You might consider taking pictures of each room in the apartment to show the condition you left the apartment in. These pictures together with your witnesses’ testimony can be used in Small Claims Court if you have to sue the landlord for the return of your security deposit. You do not need an attorney in Small Claims Court. You can represent yourself.

        The landlord must return the security deposit to the tenant at the end of the tenancy or within a reasonable time thereafter. The landlord does not have to return your security deposit to you before you vacate the apartment. The landlord does not have to use the security deposit for your last months' rent unless he or she agrees to do so.

        If your landlord refuses to return your security deposit, you may consider filing a claim in Small Claims Court. However, before you file, be sure to read the attached information about Small Claims Court to learn more about filing a claim and about the pros and cons of bringing such a claim.

        Neighborhood Legal Services generally does not handle Small Claims Court matters.

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