A security deposit, also known as a damage deposit or bond, is a sum of money collected from a tenant at the beginning of a rental agreement. Its primary purpose is to protect the landlord’s property and financial interests.
Why is a Security Deposit Charged?
Landlords charge security deposits for several reasons:
Damage protection: To cover damages or repairs beyond normal wear and tear.
Rent payment security: To ensure timely rent payments.
Compliance with lease terms: To enforce adherence to the rental agreement.
How Much Can Be Charged?
The amount of the security deposit varies depending on location, property type, and local laws. Typically, it’s equal to 1-3 months’ rent.
When and Under What Circumstances Must it Be Returned or Not?
Return circumstances:
End of tenancy: When the tenant moves out, provided the property is in good condition.
Lease renewal: Sometimes, landlords roll over deposits or refund/adjust amounts.
Non-return circumstances:
Property damage: Beyond normal wear and tear.
Unpaid rent: Outstanding rent or utility bills.
Lease violations: Breach of rental agreement terms.
What is to be Done with it During and After the Tenant’s Stay?
During tenancy:
Held in escrow: Landlords typically hold deposits in a separate account.
Interest accrual: Depending on local laws, interest may be earned.
After tenancy:
Refund or deduction: Landlords deduct damages/unpaid rent and refund remaining amounts.
Dispute resolution: Tenants can dispute deductions.
Accounting and record-keeping: Landlords must provide itemized statements.
Additional Considerations
Local laws and regulations: Varying requirements and limits.
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