The Rent Security Deposit is the law that tells a landlord what he or she must do with your security deposit when you are forced to move out of your apartment because of fire, flood, evacuation, or because the property you are renting has been condemned.  The law states the following:

1. The landlord must return your security deposit and interest within 5 days after you move out.
2. The landlord must make the security deposit available to you during normal business hours for 30 days in the city in which the property is located.
3. Within three business days after the owner of the property is notified about the fact that you must move out, the owner must give you written notice stating where or when your security deposit will be available. This notice should be delivered to you personally or by mail to your last known address. The notice should state where and when your security deposit will be available.
4. The owner must send a duplicate copy of this notice to the relocation officer if the city has one. If the city does not have a re-location officer then the duplicate notice should go to the city clerk.
5. If your last known address is the address of the property from which you were displaced then the owner of the property must also post the notice at each outside entrance of that property.
6. If you fail to ask for the money within 30 days the owner must re-deposit it in an interest-bearing account in the same bank from which it was withdrawn.
7. If you move back into the property you must immediately return to the landlord one-third of the security deposit. You must return another third within 30 days of the date that you move back in, and the last third within 60 days from the date that you moved back in.

Note: If you do not re-pay the security deposit, the owner may bring an eviction action against you for nonpayment of rent.

1. Before the landlord returns your security deposit to you, he or she may deduct any rent that you owe, along with the amount of any expenses for repairing damage to the property. Examples of damage are:
   1. Large holes in the walls caused by nailing up decorations.
   2. Cigarette burns on floors.
   3. A broken mirror or bathroom cabinet.
      
      Note: to prevent the landlord from charging you for ordinary wear and tear  ask the landlord or superintendent to personally inspect the apartment and then to sign a note stating that you left the apartment clean and undamaged. If you cannot get the landlord or superintendent to do this, ask a friend to inspect the unit and take photographs, sign them and date them. Make sure that this friend will be able to go to court with you if necessary.
      
      
2. The landlord may not deduct from the security deposit for ordinary wear and tear. Ordinary wear and tear is defined as "damage that takes place from the normal, careful use of the property." Examples of normal wear and tear are:
   1. Faded paint on the walls.
   2. Loose tiles in the bathroom.
   3. Window cracks caused by winter weather.
   4. Leaky faucets or radiators.
      
      
3. The landlord must list the rent that you owe in a letter to you.
   
   
4. The landlord must list the damages that you caused in a letter to you.

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