Security
deposits can become a major source of complaints, costing you time and money
especially if you end up in court. I’ve found that this is generally the result
of not properly disclosing exactly what you expect from the landlord/tenant
relationship before they move in.
I let tenants
know that $xx of the deposit will be used to clean the carpet when they move
out, and they will not get it back.
Also it’s
not sufficient to simply state that the premises must be left clean and
undamaged in order for tenants to receive their deposits back. Require that
they clean the entire home, including the range, oven, refrigerator, bathrooms,
closets, cabinets, windows, carpet, and balcony.
Another thing I now include is a bed-bug clause. Right, I’m talking about those small,
flat, parasitic insects that feed solely on the blood of people and animals
while they sleep. Bed bugs are reddish-brown in color, wingless, range from 1mm
to 7mm (roughly the size of Lincoln’s head on a penny), and can live several
months without a blood meal.
Bed bugs have been found in five-star
hotels and resorts and their presence is not determined by the cleanliness of
the living conditions where they are found. So it shouldn’t surprise you if
they pop up in your rental.
Let the tenant know that you will have an
exterminator certify that your property is bed-bug free. And when they move out, it will be
inspected again. If bed bugs are present, the cost to remove them will be
deducted from the security deposit.
When the
tenant moves out, you must provide a written statement of charges you are
withholding and return any balance remaining. Failure to do so could easily
land you in small claims court. For instance, in Florida if a landlord who wants to keep the security deposit doesn't notify a tenant in writing
within 30 days of the move, the landlord must refund the full amount of the
deposit.
And
don’t let tenants talk you into using this money if they get behind in rent.
It’s there to cover damage beyond normal wear and tear … nothing more.
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