How to Get Your Security Deposit Back on Your Apartment when You Move

Don't you hate how when you move into a new apartment you have to pay the first month's rent AND a full's month worth of rent as a security deposit? We all know that unscrupulous landlords abound in the world of rental properties, and sometimes it feels like handing over that extra money is as good as kissing it good-bye. If you want to get your security deposit back when you move out of your apartment, there are a few pointers you have to consider.

First, before you pay anything, make sure your new landlord is legit. If you can, talk to other tenants in the building, preferably when the landlord isn't around. You might not get the full story from someone who's still living in the building, but it can't hurt to ask what problems the tenant has had with the landlord, especially if you learn how to read between the lines. Chances are good that the tenant is not going to say anything outwardly negative about the landlord... but if they do, be very wary because if they've had problems, there's a good chance you will, too. However, even if the tenant doesn't say anything bad, watch for vague language and shifty eyes that might signify that the person is fabricating a bit. I know that I'd LOVE to be brutally honest about my landlord when potential tenants ask, but I also know that I can't say anything terrible to risk jeopardizing my own situation, but when I hedge an answer, that in itself should be a tell about what I really think. You can also research your landlord online to see if anyone's posted any reviews about his or her properties. If you find lots of negatives, look for another place. However, consider that some tenants are just jerks and a perfectly nice landlord can get a bad rap from one sour apple. Above all, trust your gut instinct.

Next, check into the laws in your state. Some states, like Massachusetts, allow the landlord to collect first, second, and last month's rent as a security deposit, but in other states, like Rhode Island, this practice is illegal. If you have questions, call your local housing authority to learn more.

When you do pay, make sure everything is in writing. Get a receipt and make sure it states the full amount and that it's a security deposit, as special laws govern these monies. Hold on to all of your paperwork. Read your lease thoroughly before you sign it, and inspect the property fully for any problems and make sure they are noted in the lease before you sign. When you pay your rent each month, keep records -- i.e. don't pay in cash! If you write checks, that's best because your bank can track your expenses if you ever need to, but if you use money orders, make sure you hold on to your receipts so that you never have an issue like my friend who, when she tried to collect her security, was informed that she'd never paid rent for a month three months prior. She didn't have her records so she was S.O.L. even though she'd paid.

When it comes time to move, read the terms of your lease. You might be liable for fees in you break the lease by leaving early, but many landlords will work with you to find new tenants to replace you. Be careful of trying to break a lease early because you will be held accountable for the months you aren't there unless you have a very good reason for breaking it (having to move for a new job is not a good reason, having your oven explode because the landlord didn't fix it when you asked him to is.) Make sure you give plenty of notice of your impending move, via a letter sent certified mail. Even if your landlord refuses to sign for it, like mine did, keep that letter as-is, unopened, and if you have to go to court, the judge will open it and it will still count as your notice, even if the landlord never read it.

When you move out, leave the apartment better than you found it. That means painting over the mural of Bob Dylan that you painted in the living room one night after too many shots of whiskey, using spackle to cover up the hole your uncle Jimmy punched in the wall when the Sox lost the World Series, and scrubbing yesterday's lunch from the back of the toliet bowl. Don't leave a bunch of garbage or furniture, because you know you'll be charging some crazy fee to have the place cleaned. Make that place immaculate, and take pictures of EVERYTHING.

Write a letter to your landlord stating that you have left the premises, turn in your keys, and give the landlord a forwarding address, requesting that the security deposit be mailed to your new address. In most places, your landlord has 21 days to either refund the security deposit or send a letter detailing why you will not be getting back your deposit. If you haven't heard anything after 30 days, send another letter, this time stating that you will be filing charges pursuant to the laws of your state (you'll need to research these, natch) in 7 days. Then, if after 7 days you haven't heard anything, do it. It's a huge pain in the ass to deal with the court system, but if you win, and unless you trashed the place or broke a lease without due cause, you will will, your landlord will have to pay your deposit (often with penalty fees attached) as well as your court costs. It's worth the effort, eh? Good luck!