Security Deposit Return
5 Replies
David J Carciere
Real Estate Agent from Santa Rosa, CA
posted about 1 year ago
Hey BP
I'm going with a friend, and their landlord, on a final walk-through to make sure the landlord doesn't over-state the damage (if any) to the unit and try and withhold the security deposit. I don't know how this typically goes (been a long time since I was a tenant), and I just want to know if there's anything I should be aware of to try and mitigate any potential issues. We're in California if that changes things.
Thanks!
David
Andrew B.
from Rockaway, New Jersey
replied about 1 year ago
Regardless of whether or not a final walkthrough is done, the landlord has 30 days (typically) to locate and itemize damages. All you would be able to do is note any damages and try to get it fixed before possession is returned or give landlord evidence that it was damaged before move in. There is really nothing you can do to help if the landlord is going to try to screw your friend over, until he actually does it.
Mindy Jensen
BiggerPockets Community Manager from Longmont, CO
replied about 1 year ago
Normal wear and tear cannot be charged for. Did your friend have a move-in sheet documenting the condition when they moved into the unit? If not, how can the landlord prove your friend did the damage as opposed to it being there at move in?
It sounds like you're expecting an aggressive landlord. Have there been issues during the tenancy?
You should take pictures of any damages you see for your own records.
David J Carciere
Real Estate Agent from Santa Rosa, CA
replied about 1 year ago
Thanks for the feedback! I don't believe there is a move-in sheet on-file, though I don't know for sure. And yeah I have heard that the landlord tried to take liberties with another tenant's deposit when she moved out. I know my friend had a thorough, deep cleaning done, and last time I was in the unit, there didn't appear to be anything more than normal wear-and-tear, I'm just trying to be as aware as possible going into the process.
Thank you again!
David
Anthony Wick
Rental Property Investor from Ankeny, IA
replied about 1 year ago
Takes pics and videos of the entire unit, including under sinks, floors to ceiling. That’s the best you can do in case you need to fight anything you disagree with. As a landlord, I do the same to prove any damage my tenants cause.
David J Carciere
Real Estate Agent from Santa Rosa, CA
replied about 1 year ago
@Anthony Wick , thanks for the additional feedback, much appreciated!
David