What is a security deposit?
A security deposit is money you give to your landlord when you move in.
Your landlord can use it to cover any unpaid rent or damages. You may not
use your security deposit to cover your last month's rent unless your landlord
agrees.
NOTE: A surety bond is very different from a security
deposit. If your landlord suggests that you buy a surety bond, read
our tips.
How much can my landlord charge for a security deposit?
Your landlord cannot charge more than
two times your monthly rent. If you live in subsidized housing, your security
deposit should be much less. Check with your housing authority.
Does my landlord have to return my security deposit to me?
If you owe back rent or you have damaged your apartment, your landlord
may deduct those costs from your security deposit. If you owe your landlord
more than the amount of your security deposit, he may sue you in court.
Does my landlord have to pay me interest when returning my security
deposit?
No, not unless you both agreed to this. If you live in subsidized housing,
check your lease or ask the housing authority. Your landlord may
have to pay interest on your deposit. (Click
here to go to Mobile Home Park rules.)
Can my landlord keep my security deposit to pay for routine upkeep?
No, your landlord cannot keep your security deposit for "normal wear
and tear." Examples of "normal wear and tear" could be:
- a worn carpet
- chipped paint
- worn finish on wood floor
- faded or dingy paint
This means that your landlord cannot charge you for routine upkeep, such as
periodic cleaninc and painting.
The landlord can deduct the cost of fixing damages which are beyond "normal
wear and tear." Examples of these damages could be:
- broken windows
- holes in the wall
- leaving trash or other items that have to be thrown away
- leaving your apartment so dirty that it's unhealthy or unsafe
If your apartment is damaged by a storm, a fire, or a vandal, tell your
landlord right away. He cannot charge you for the repairs if you or your
guests did not cause the damage. It is also a good idea to make a police
report.
What kind of notice do I have to give if I am moving?
If you are a tenant at will (no written lease), you must give your
landlord a 30 day written notice. The notice period should end on a rent
day. You and your landlord can agree to a shorter notice period, if you
agree in writing.
If you have a lease, read it to see what kind of notice you must
give.
If you do not give the right notice, your landlord may try to charge you
for time after you move. If you have a lease, she may try to charge you
rent for the rest of the lease term. Again, this will depend on what the
lease says.
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Read here
about a landlord who was sued by the Maine Attorney General
for routinely charging early move-out fees. The Maine AG claimed
that the landlord was violating this "mitigation" law.
In a Consent Decree, the landlord agreed to pay a $10,000 civil penalty and to
reimburse any former tenants who may have been charged too much.
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Your landlord must try to re-rent your apartment as soon as she knows you
have moved out. If she re-rents your apartment right away, she can only
charge you for the time you were there and the time it took her to find
a new tenant. For example, your rent is $500 a month and you moved out on
the 10th day of the month without notice. Your landlord re-rents the apartment
on the 15th of the month. You owe $250, or half a month's rent. Your landlord
may charge you reasonable expenses for re-renting the apartment if you did
not give the right notice.
When does my landlord have to return my security deposit?
Your landlord must either return all of your security deposit or send you
a letter telling you why he is not giving some or all of it back. He must
send this letter to your "last known address." Give your landlord
your new address, or make sure your mail is being forwarded so that you
will get the letter.
If you are a tenant at will (no written lease), your landlord must
give back the deposit or send you the letter within 21 days after you move
out and return the key. If you have a lease, check to see what it
says. If there is nothing in the lease about this, or if the lease gives
more than 30 days, then your landlord has 30 days to return the deposit.
This is the legal limit.
What can I do if my landlord does not return my security deposit?
- Step One
Contact your landlord and ask her to give back your deposit.
- Step Two
If the 21 or 30 days has gone by and you still don't have the
deposit, send your landlord a letter asking for return of your deposit
within 7 days. Write that if your deposit is not returned, you will bring
legal action. Your landlord should return your full deposit. (We have
a form letter you can use. You will
need Adobe Acrobat Reader to view it. If you need help downloading this
free software click here.)
- Step Three
Sue 
your
landlord in Small Claims Court. Ask your
District
Court clerk for a pamphlet explaining the steps. You may also
view
it on line. In your written complaint, ask the Court to order your
landlord to pay you two times the deposit amount plus your court
costs. The judge will order this unless the landlord can show at the court
hearing that she had good reason not to return the deposit to you.
Note: If your landlord lives in your building and there are
5 living units or fewer, then you can still sue to get your deposit
back but you cannot get twice that amount.
If I take my landlord to court, can he/she sue me?
Keep in mind before you sue that if you owe your landlord money, he will
probably bring these claims against you to counter your claim for return
of the deposit. So, if you owe him more money than he owes you, suing in
court is probably not a good idea. On the other hand, if he sues you, you
can "counterclaim" for return of your deposit and for any other
money he owes you.
Does my landlord have to keep my security deposit in any special account?
Yes. He has to keep security deposits in an account that is separate from
his other accounts and safe from his creditors. If you ask, the landlord
must tell you the name of the bank where the money is deposited and the
account number.
What if my landlord sells my building?
If your building is sold (or passes to a new owner for any reason), your
landlord must give your security deposit to the new owner or give it back
to you. If he gives it to the new owner, he must mail you a notice with
that person's name and address and how much money was passed on to him.
He can deduct charges for back rent or damages.
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Remember, if you follow these
tips, you will have a better chance of getting your security deposit
back:
- Get a payment receipt and keep it.
- When you move in, make a list of the defects. Keep the list
and give a copy to your landlord.
- Clean your apartment and take away all of your things, including
trash.
- Take pictures or write down what is right and what is wrong
with the apartment when you leave. Have a friend look over the
apartment just before you move out. (He can be a witness in
case you have to go to court).
- If you don't get your deposit back right away, leave your new address with the
landlord (so he can send you your deposit).
- Try not to owe any rent when you leave.
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