Ways to
Ensure You Get Your Tenancy Deposit Back
by Tim Saunders
Monday, 30th March 2009
Many of us have heard the stories of
tenants getting cheated out of their rent deposit and while
everyone would agree that they wouldn’t want it to happen to
them, unfortunately there are times when It does happen, so
make sure it doesn’t happen to you!
5 Tips to
Ensure You Get Your Rent Deposit Returned to You
Of the countless scenarios that could result in the landlord
withholding a tenancy deposit, quite a few of them are
preventable. Follow these 5 tips to ensure you don’t get
cheated.
Tip #1 -
Get Agreements Documented With Details of Liability
Before you finalise on renting a place, insist on a written
agreement that clearly details what your liabilities are -
what constitutes normal wear and tear, what’s covered in the
rent, and anything else you could be charged for. A written
agreement holds more ground than a verbal one and is easier
to reproduce as proof.
In addition, the landlord is legally bound to provide you
written information on how your deposit is being protected.
The
Tenancy Deposit Law offers protection by preventing
landlords and letting agents from unfairly withholding a
deposit.
Tip #2 -
Check the Flat Thoroughly Before Moving In
Before you move in, check the flat or house thoroughly for
any damages and let the landlord know what needs to be taken
care of. This avoids you taking the blame for damages you
did not cause. If possible, get a digital camera and take
shots of the flat when you move in. This can serve as proof
of the condition the place was in when you took possession
of it. Basically, have a move-in inspection done.
Tip #3 -
Maintain Cleanliness During Your Stay
It is your responsibility that the flat or house stays clean
and well maintained. Take care of things immediately before
they snowball into bigger issues. For example, stains on
carpets or curtains, broken window panes, leaking faucets,
etc, should be addressed immediately. If the problem is
something beyond normal repair, let your landlord know
immediately and ask him to get it fixed. If you’ve fixed it
yourself and billed it to the landlord, remember to retain
proof.
Tip #4 - Be
Committed & Adhere to the Terms of the Lease
As much as you hold the landlord to his/her
responsibilities, you should also ensure that you stick to
yours. If you’ve caused damages due to negligence, misuse,
or carelessness, own up to your responsibility and take care
of it. You could be asked to leave the flat for violation or
even forfeit your deposit.
If a notice period is specified in the agreement, give
notice in writing and retain a copy. When you decide to move
out, clean every nook and corner of the place so that the
landlord doesn’t whack you with a large professional
cleaning bill. Invite them to confirm everything is in order
via a move-out inspection. Make a list including charges for
repairs or replacement you may still need to make and then
get it signed.
Tip #5 -
Clear Communication
Make a request for return of deposit to your landlord
through a letter and enclose the signed move-out inspection
letter with photos of the apartment when you left it along
with your mailing address. Preferably, send it through
recorded delivery. Legally, your landlord has 30 days to
return your tenancy deposit unless otherwise specified in
the rental agreement or provide a written explanation for
failing/refusing to do so.
If any dispute arises, provide evidence, i.e. photos and
receipts. Try to resolve issues with your landlord through
dialogue and reasoning before deciding to take the legal
route. If you feel your deposit’s been unfairly held back
and matters cannot be resolved verbally, consult an expert
even if you decided to take it to court. You can approach
the local county courts or the small claims court for
settlement.
In every case, ensure you have all documentation and proof
to substantiate your claim.
