The Rent Security Deposit Act is the law that tells a landlord what he or she must do with your security deposit when you move out of your apartment. The law states the following:
- The landlord must return your security deposit and interest within 30 days after you move out.
- The landlord may deduct from your security deposit the amount of any rent that you owe.
- The landlord may deduct from your security deposit the amount of any expenses for repairing damage to the property.
- The landlord cannot 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:
- Faded paint on the walls.
- Loose tiles in the bathroom.
- Window cracks caused by winter weather.
- Leaky faucets or radiators.
- Examples of damage are:
- Large holes in the walls caused by nailing up decorations.
- Cigarette burns on floors.
- A broken mirror on a 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.
- The landlord must list the rent that you owe in a letter to you.
- The landlord must list the damages that you allegedly caused in a letter to you.
- The landlord must send that letter to you with any money left over from your security deposit via registered or certified mail.
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