What can be taken out of my security deposit?

Withholding’s – What can be taken out of your deposit:

  • Tenant damages, waste or neglect of the premises.
  • Unpaid rent
  • Payment which the tenant owes under the rental agreement for the utility service provided by the landlord but not included in the rent. Ex: water, electricity, yard maintenance, snow removal.
  • Payment for what a tenant owes for direct utility services provided by the government – owed utility, to the extent that the landlord becomes liable for the tenant’s non-payment.
  • Other reasons authorized in the rental agreement.
    • These terms vary depending on lease, check to see what yours includes.
    • This subsection does not authorize a landlord to withhold the deposit for normal wear and tear or damages/losses for which the tenant cannot reasonably be held responsible.
    • *It is illegal for landlords to deduct the cost of routine carpet cleaning from your security deposit for anything that qualifies as normal wear and tear.*

Statement of Claims

  • For anything withheld, the landlord shall deliver or mail the tenant a written statement accounting for all amounts.
    • Needs to describe each item of physical damages and amount withheld.
    • Must be mailed or returned within 21 days.
  • When moving in, you can request a list of physical damages or defects charged to the previous tenant’s deposit.
  • The landlord cannot be held responsible for non-delivery if they comply with everything else and the postal service is unable to complete delivery.
    • This means you must leave a forwarding address for the landlord, if this does not happen you will not get your deposit mailed to you.