The skinny on security deposits

By Alicia Banister

Wednesday, March 4, 2009

Security deposits are an inescapable part of signing a lease. The property owner collects money hoping the place will look the same as it did at move-in. If tenants damage the space or fail to follow the rental agreement, the landlord can use the deposit to pay for repairs.

To receive the full security deposit back, tenants must make sure they know exactly what the landlord expects in their agreement. Problems arise when move-out day comes and the security deposit isn’t returned.

Casey Roberts, Momence, Ill., senior, learned that the hard way when he moved out of his apartment complex.

“We cleaned everything really well, but we knew that the carpet was way past salvation,” Roberts said. “The thing we were angry at was that we did roommate swaps and paid the people we moved in for the full $200, which was dumb by us. We were responsible for everything that the kids moving out did.”

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— Kansas law states that a security deposit can be no more than one month’s rent, unless there is a pet deposit or the apartment comes furnished.

— Most landlords collect security deposits, but it’s not required.

— Ask for a receipt for the security deposit.

— Be thorough and make sure all previous damages have been accounted for on the walk-through checklist upon moving in.

— Don’t ever apply a security deposit toward rent or other expenses. You may end up losing your deposit and still having to pay the rent you owed.

— Landlords can keep security deposits for three reasons:

1. Physical damage caused by the renter

2. Rent that is past due

3. Costs incurred from not complying with the rental agreement

— Landlords must give renters a list of itemized deductions if they withhold any portion of the deposit for any reason.

Source: Kansas Tenants Handbook

The Kansas Tenants Handbook states that a security deposit can’t equal more than one month’s rent. If the unit came furnished, however, landlords can charge one and a half month’s rent, and if the tenants have pets, an additional one-half month’s rent can be included.

The handbook also advises tenants to not plan to apply their security deposit toward the last month’s rent. Tenants could lose the security deposit and may still be responsible for the rent they were trying to pay.

One key element is making sure to fill out a thorough checklist during the walk-through within five days of moving in.

Allison Ho, Topeka senior, received her full deposit back, thanks in large part to checking the living space carefully.

“When I moved into all three of the places I have lived in Lawrence, I was almost obsessive with regard to noting pre-existing spots and scratches anywhere I could,” Ho said. “I did not want to be charged for some sort of damage that I did not cause.”

Although noting detailed damages is time-consuming, putting in the extra effort can be rewarding. Some students take extra steps to ensure that they don’t pay for the damage a previous tenant left behind.

Brad Werner, Spearville senior, came up with a clever way to document the damages at the time of a walk-through so he wouldn’t be charged for pre-existing damages.

“I think pictures are a great way to cover yourself,” Werner said. “Make a CD of any damage at check-in and see if your landlord will take it; if not, keep it until check-out, just in case.”

To avoid occurrences that would cause damage, Werner suggested not hosting parties. Small daily tasks and paperwork can save time and effort on move-out day, as well.

“The easiest thing to do is to be smart about it,” Werner said. “Throughout the year, just try to respect the unit as if you actually own it.”

To keep the place in good shape, other measures could help ensure the safety of the security deposit.

Before checking out, Werner said, tenants can usually acquire a list of fines from their landlord about charges they will receive at check-out day. Go down the list, and check them off one-by-one to prevent being surprised by any questionable items.

“I’d say the majority of people get their security deposit back, but if people don’t get the carpets professionally cleaned, it’s an automatic $110,” said Julie Heironimus, leasing agent at First Management.

Tenants can check the management’s policies about move-out procedures so they are aware of these ahead of time. Having an awareness of the landlord’s expectations could help save money in the end.

— — Edited by Casey Miles

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