How to Get Your Security Deposit Back From a Landlord Who Won’t Honor a Judge’s Order
Dealing with a landlord who refuses to return your security deposit despite a judge's order can be frustrating and overwhelming. However, there are steps you can take to ensure the situation is resolved in your favor. This guide will walk you through maintaining the property during your tenancy, leaving it in good condition upon moving out, and escalating the dispute to small claims court if necessary.
Maintaining the Property During Your Tenancy
When you first move into a new house, it's crucial to conduct a thorough audit of the property. This helps establish a clear reference point for the condition of the house when you move in and out.
Initial Audit
Complete a walk-through of the property, noting any damage or items needing cleaning or replacement.
Take photos of each room and any damaged areas.
Do the walk-through with your landlord and have her sign off on your notes, if possible. If not, bring a witness.
Check any provided inventory of furniture and furnishings to ensure it matches what is in the house.
Keeping the Property Clean
Regular maintenance is key to avoiding deductions from your security deposit. Follow these tips:
Ovens: Clean on a regular basis to avoid greasy build-up and burnt crumbs. Use the self-cleaning cycle or manual cleaning methods as needed.
Flooring: Sweep and mop floors weekly.
Window: Clean windowsills, frames, and panes regularly, and take down window treatments for thorough cleaning.
Paint and Wall Coverings: Wipe down walls twice a year, more frequently if you have young children or smoke.
Bathroom Fixtures: Scrub bathtubs, sinks, and toilet bowls weekly to prevent lime and soap scum buildup.
Maintaining Good Repair
To avoid deductions for repairs, address minor issues promptly and report major repairs to your landlord. Follow these guidelines:
Minor Repairs: Clear clogs, clean up leaks, and maintain HVAC systems as per the manufacturer's instructions.
Major Repairs: Notify the landlord of significant repairs immediately.
Cleaning Air Filters and Ductwork: Follow manufacturer’s instructions for maintaining your unit.
Leaving the Property
Properly preparing to leave a rental property can prevent disputes over the security deposit.
Giving Adequate Notice
Provide the required notice as outlined in your rental agreement.
Send a copy of your notice letter by registered mail and confirm with your landlord in person.
Keep copies of all documents for evidence in case of disputes.
Leaving the Property Clean and in Good Repair
Thoroughly clean the property before moving out, including appliances inside and out.
Compare the condition of the property when you moved in to ensure it's left in similar condition.
Contact your landlord to confirm expectations for the clean-up.
Document the Condition: Take detailed photos and record the condition of the property.
Inviting the Landlord for Inspection
Allow the landlord to inspect the property before moving out to ensure all repairs and cleaning are complete.
Knowing When and How to Contact Your Landlord
Mailing a Request Letter
Inform the landlord politely about the deposit and send a copy of move-in and move-out documentation.
Keep copies of all records for future reference.
Determining the Return of Deposit Deadline
Check the local regulations to determine if the landlord is in breach for not returning the deposit.
Writing a Demand Letter
Demand a response within a specified timeframe and be clear about consequences if the deadline is not met.
Considering Further Action
Gathering Evidence
Collect all relevant documentation, receipts, bank statements, and photographs to support your case.
Contacting the Landlord Again
Write a formal letter to the landlord and provide them with a deadline for a response.
Filing a Small Claim
File a small claim in small claims court for your deposit. Be prepared to provide evidence and documentation.
Filing a small claim should be a last resort, but if you have a legitimate grievance, you are entitled to receive your deposit.