How to get your security deposit back

With sample security deposit demand letter

If you’re wondering ‘how do I get my security deposit back’, your not alone. Security deposits can be a decent amount of money — sometimes up to 1.5 times one month’s rent — and getting the whole thing back takes care and attention on your part.

Following all of the move-out procedures and can be tricky and even when you do, it may feel like forever before you see that refund check in the mail. Here are some strategies to help you get your security deposit back.

Roost surveyed 100 renters, and 78% told us that getting their whole security deposit back was their number one issue with their prior landlords. So you’re not alone in feeling a little worried about getting all of your money back.

Many renters feel distrustful of their landlords and believe that they took longer to get their money back to them than was written in their lease agreement.

To get as much of security deposit back as possible, you’ll want to manage the entire process, from lease-signing to move-out carefully.

1. Take photos — before move-in and after you move-out

Move-in

Document any damage or things that just look worn at move-in and provide the leasing staff with date-stamped pictures and a written list of all items.

Things to document:

• Damaged walls
• Stained or ripped carpets
• Broken appliances
• Mold
• Ripped window screens
• Damaged blinds or curtains
• Broken light fixtures

Move-out photos

Once it’s time to move-out – take another round of date-stamped photos. Wait until all of your things have been moved-out, then take duplicates of the pictures you took at move-in and anything else you think is important.

2. Staying on top of repairs

Submit repair requests for any issues that may arise while you are living at your apartment.

Items that are especially important to get repaired:

• Water leaks: These can cause serious damage to the building, the apartment below you, as well as increase your water bill every month – don’t wait on water leaks.
• Electrical issues: These can be a safety hazard that could start a fire and damage your belongings, the building, not to mention possibly costing someone their life.
• Appliance repairs: Not only is it a huge inconvenience not to have a working dryer, but you could get charged for repairs out of your security deposit if you don’t get it fixed before you move-out

3. Give the required notice

Whether your month-to-month or in a lease, you’ve probably signed an agreement stating that you have to give your landlord 30 day’s notice before moving out. Not giving the agreed upon notice will cost you some or all of your security deposit.

Breaking a lease early could be even more expensive – some landlords may even expect you to pay rent for agreed upon length of your lease so read your lease carefully before deciding to break it.

Many modern property management companies will proactively reach out to you ahead of your lease ending to confirm if you will be leaving or renewing your lease. Try to respond promptly to any communications from your leasing office regarding your plans. They may also communicate through their property management portal.

4. Move-out to-dos

Ask the leasing office to do a property inspection ahead of your actual move-out date so you can fix any problems they identify or do more cleaning. 

Confirm any follow-up cleaning or actions you need to take. This helps clarify expectations and show your landlord that you’re acting in good faith, making the extra effort to return the place as you received it.

Move-out to-dos:

• Move out all of your furniture and things
• Remove all garbage and refuse
• Clean the apartment
• Carpet damage from pets? Consider steam cleaning it.

Schedule a final walk-through with your landlord and make sure to give them the photos you took as well as go over the move-in list you provided. Many states give the renter a legal right to be present at the final inspection. 

5. Clear out your stuff — all of it

We mentioned this before, but it’s worth emphasizing. Lots of people are in a rush when they move out and they tend to leave behind things that their landlord ends up having to deal with. If it costs them time, it’ll cost you money, plus, it’s just rude.

When you return your keys, make sure you’ve removed everything, including garbage, food, and cleaning supplies, and don’t forget anything you may have stashed away in a storage area.

Don’t leave a bunch of bulky furniture or junk outside of your apartment complex dumpster either. They often have camaras and could identify you as the culprit and get charged for it.

6. Leave a forwarding address

If you don’t leave a forwarding address, your landlord won’t know where to send your security deposit refund check. After all the work you put in to get your money back, this could be one of the most important things you do and yet, many renters forget.

If you’re planning to backpack across South America and don’t have a permanent address, arrange to have the money sent to a friend or relative’s address. 

Some platforms, like Roost – allow you to choose an electronic refund so you can get your refund back within just a day or so of being processed rather than waiting on snail mail.

In some states, a landlord who can’t locate you within a specified time may keep the deposit.

7. Know your security deposit return deadline

Most states have strict guidelines about when and how landlords must return security deposits. The average return deadline is about 30 days but it can vary wildly from state to state. Read your lease agreement for specifics and check out security deposit return deadline for your state here.

Try to give your landlord a little grace – if they are within the legal turn around time calling them every day or yelling at them probably won’t get you your money back any faster.

8. Follow up with your leasing office about your security deposit

Friendly, polite communication with your leasing office goes a long way to getting answers to questions you may.

For example, If you haven’t received your deposit back yet, confirm when the refund was mailed and what address did they mail it to. 

Surprised to only get part of your deposit back? Review the itemized deductions and reach out with your questions – email can be good to document your questions but a follow-up phone call may get you faster answer.

9. Challenging the security deposit refund process

If you are looking to challenge the amount of deposit your landlord is saying you are going to get back, you are not alone. Victoria Cowart, Director of Operations, Adalease Property Management, Charleston, S.C.estimates that about 40 percent of renters challenge the initial inspection and charge results.

The first step in refuting the amount is simply talking to the landlord. Of course, you should have collected any evidence that can be used to support your claim such as move-in pictures or video.

Many people can reach an agreement without filing a court claim this is due to the fact that if you win a court case, they’d likely have to pay out a lot more. Most landlords are motivated to settle out of court.

Make sure you review your lease to see if you might have to pay your landlord’s court fees and legal costs should you lose. If this is the case, you will for sure want to try to settle out of court before possibly ending up losing money if they win.

10. Write a security deposit demand letter

If you’ve talked to your landlord, read up on your rights, have already tried a basic request letter and still, there’s no resolution in sight, it might be time to kick off an official complaint process. Typically, this begins with a “demand letter.”

The goal of this letter is to be clear about your request, provide proof, and document that something is amiss and needs to be remedied.

A demand letter should include:

• A copy of your notice to move out
• Any photos related to charges you’re disputing
• A copy of maintenance requests and results (if relevant)  
• A clear request for what you want including dollar amount and interest, if applicable
• Cite the state/city law regarding security deposit returns (check out Roost’s Renter Rights section by ZIP code to find yours)
• That you’ll take further legal action if necessary in small claims court

Here’s a sample security deposit demand letter

11. Going to small claims court

If speaking with your landlord and sending them a demand letter is not getting you the results you want, you can file against your landlord in your local small claims court. Usually, your local clerk of justice court office will supply you with the information, and possibly required forms, needed to file your case.

In most situations, the courts try to keep this process rather simple and affordable for renters. Fees to file are usually less than $50.

Most states have a statute of limitations, so file as soon as you are fully confident that you need to. While you do not need a lawyer, you may benefit from having someone look over your statements and supporting documents (pictures, copy of lease, witness statements, and such) for you before you submit them.

How much you can sue for is dictated by my state laws and your lease agreement. You may be able to also sue for interest, court fees, and punitive damages.

Most courts require you to attend the hearing. If you do not attend the hearing you may lose by default. 

Disputing your security deposit refund is possible, and often if you’ve followed your lease, worth your time and effort. The first attempt to negotiate with your landlord and if all out-of-courts methods don’t work, review your local tenants/landlord laws and file a complaint with your small claims court.

Getting your security deposit back

You can improve your chances of getting your security deposit back in full by taking time to understand the lease requirements at signing, documenting your move-in/repairs/move-out, and maintaining good communication with your landlord throughout the process. Documentation and conversation can go a long way.