I am moving out of my apartment I am renting..

Question

I am moving out of my apartment that I have been renting for almost 4 years..at the end of the month and I was wondering how long legally landlords can hold your deposit before returning it?..I currently know of 3 lawsuits in small claims about this landlord withholding security deposits for no reason..my sister has one against them currently and it was recommended by her lawyer that I look for someplace else to live because the lawyer said he would find anyway to kick me out..but I know of past tenants that have taken pictures before they leave and the landlord going in afterwards to jostle it a bit so he can attempt to keep the security deposit..he has been reported to the BBB and I just basically wanted to know how long he legally has to return my deposit. I live in Iowa if that helps any.

Answer 1

Depends on what state you live in, I believe.  I live in WI, and your security deposit has to be legally refunded in 21 days.

My suggestion, as I've had landlords try to s***w me over, take dated FILM pictures when you leave the place.  I've had landlords try to say that I didn't scrub the stove or clean out the fridge.  When I pull out the pics and show them, magically they were mistaken and refund me the money.

Good luck!

Answer 2

A landlord shall, within thirty days from the date of termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the rental deposit to the tenant or furnish to the tenant a written statement showing the specific reason for withholding of the rental deposit or any portion thereof. If the rental deposit or any portion of the rental deposit is withheld for the restoration of the dwelling unit, the statement shall specify the nature of the damages. The landlord may withhold from the rental deposit only such amounts as are reasonably necessary for the following reasons:

a.  To remedy a tenant's default in the payment of rent or of other funds due to the landlord pursuant to the rental agreement.

b.  To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted.

c.  To recover expenses incurred in acquiring possession of the premises from a tenant who does not act in good faith in failing to surrender and vacate the premises upon noncompliance with the rental agreement and notification of such noncompliance pursuant to this chapter.

In an action concerning the rental deposit, the burden of proving, by a preponderance of the evidence, the reason for withholding all or any portion of the rental deposit shall be on the landlord.

Answer 3

30 days, from the day you give him your forwarding address. No address, and he has to hold the deposit for one year, I believe. In any event, just make sure you give him a forwarding address along with the keys when you move out.

If he wrongfully withholds it, he is liable for actual damages and up to $200 in punitive damages. As far as pics, Video trumps pictures. Pictures trump nothing. At the very least, take pictures and put the current day's newspaper clearly in the picture. If you do a video, make it one smooth shot, no cuts. Do the newspaper trick as well. Don't rely on the date/time stamp on the video or pic, the Landlord could argue that you can set that yourself. Also, have someone with you when you go through it.

Answer 4

30 days from the date you returned the keys.

Answer 5

Take lots of pictures & have a walk through with the site manager. Let them know that you have the pictures & give them another copy of everything that was wrong when you moved in again.

Answer 6

I don't know about legally anywhere, but I've been stung a couple times, even though the places were in better condition than when we got there.  One place, we stripped the old ugly paint off the kitchen cabinets, and stained them, replacing the cardboard and contact paper in the cupboard windows with actual glass.  We also installed a couple matching shelves over the sink connecting the cupboard with the 2 small cabinets over the refrigerator.  They withheld our deposit because they said they had to remove the shelves (which were sorely needed) and PAINT THE CABINETS!!!  

The dated film pictures and walk through are the best ideas.  The thing I'd wonder is this:  is the amount of the security deposit enough to make it worth the time and expense of suing someone?  Since I have no idea how much money is at stake, I don't know, but if you have to get a lawyer, take time off work, and then lose, it would be lousy.