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The Law and You
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Security Deposit: Normal Wear and Tear



by KYW's Amy Feldman

So you’ve finished the school year and are preparing to move out of your apartment?  You want the security deposit back but the landlord’s not so quick to return it.  Legally, when can the landlord keep your security deposit or take a deduction against it and when can’t he?

In general, an apartment must be returned in the condition you found it when your lease commenced.  Depending on state law, landlords may generally charge you for the cost of cleaning or repairs to return the apartment to that condition.  What a landlord can’t do is charge you for normal wear and tear—changes that are naturally recurring regardless of how well you took care of the place.  For example, where curtains have faded because of the sun, where there are minor nicks in the paint on the wall or where appliances have through normal use begun to wear out shouldn’t be deducted.  For major repairs resulting from damage you caused, that may be deducted.  Next time, take pictures and write down damage to the place at the beginning of your lease and have the landlord sign off on it so you don’t get into a dispute at the end of it.


 
 
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