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Protect Your Security Deposit When You Move In
During the exhausting process of moving into a new apartment, the last thing on your mind is moving-out day, but since your landlord is probably holding a sizable chunk of your money in the form of a security deposit, it's risky not to prepare for the end of your tenancy right from the beginning. Before you start unpacking dishes and hanging prints on the walls, take a few simple steps to avoid the misunderstandings and disagreements that have made disputes over security deposits legendary.
Look Under the Hood
Give your unit a thorough inspection before you move in. (Better yet, do it before you sign the lease!) It's best to inspect the premises before you move in; it will be easier to spot problems while the place is bare.
Don't neglect to check out things that might not be readily apparent, such as water pressure and sink drainage in the kitchen and bathrooms, the operation of appliances, the appearance of floors and walls, and the condition of the pads under the carpet.
Use a Move-In Checklist
Make a detailed inventory of what you find. The best way to do this is with a good checklist. The more you record about the unit when you move in, the better position you'll be in when moving out to show that certain problems already existed before you moved into the unit.
In some states, landlords are required to give new tenants a written statement on the condition of the unit at move-in time, including a comprehensive list of existing damage. In other states, many landlords provide a checklist to new tenants, but some do not. You can write up a checklist yourself.
Ideally, you and your landlord should fill out the checklist together to prevent any disputes or disagreements. Otherwise, it's smart to bring along a roommate or a friend so that there's at least one other witness to the condition of the unit at move-in time. If you spot problems, describe specifically what is wrong. Rather than simply noting "damage to carpet," for example, state "cigarette burns, frayed edges in carpet next to picture window." The more detailed you are, the clearer it is that you're not responsible for those damages. You and your landlord should both sign the checklist after completing it. Make a copy so that each of you has one.
At the end of your tenancy, you'll make another inspection of the same items, noting their condition at move-out time. If items that were okay at move-in are now damaged, your landlord may hold you responsible for fixing them, but you'll be protected from being billed for damage that existed before you moved in.
Take Pictures
Besides completing a checklist, you may also want to document the condition of your unit with photographs or video. If you take photos, have doubles of them developed immediately (or print your digitals), write the date they were taken on the backs, and send your landlord a set as soon as you get them back. That way your landlord won't be able to claim that the photos were taken later than they actually were.
If you can, use a camera that automatically date-stamps each photo. If you videotape the premises, clearly state the date and time while you are taping, make a copy and send it to your landlord right away. Repeat this process when moving out.
Louisiana eviction, rental deposit, and landlord-tenant disputes
By: Lex
Very few tenants are aware of the tenant rights laws we have in Louisiana for their protection. It would probably be a good idea if landlords were required to disclose in the lease a summary of the rights available to tenants. The procedures dictated by the law to enforce these rights must be followed exactly, or the right is lost.
When it comes to tenant rights, there are basically two types of disputes that account for virtually all the suits: evictions and fights over deposits.
Evictions
To defend yourself against an eviction, you must set forth an affirmative defense. Examples of affirmative defenses would be that the rent was paid, that you are not in default, or that the term of the lease is not up. To preserve your right to appeal an eviction, should you lose at the first hearing, you must have filed an answer setting forth your affirmative defense, and your answer must have been made under oath. In other words, you must include a statement swearing that your allegations in the answer are true, and you must sign the statement in front of a notary.
If you lose the eviction, you only have twenty-four hours after the judgment of eviction is signed to file an appeal that will suspend the eviction. We have never seen anyone successfully represent himself in an eviction. That is because the landlord generally is familiar with the procedures, and the tenant is not. Many tenants would have liked to appeal a decision to evict, but by the time they find out that they were required to file an answer under oath, it is too late. In the typical case, the disgruntled tenant goes to see a lawyer a few days after the eviction hearing and is informed that his right to appeal has passed. The tenant may still have the right to appeal the correctness of the decision, but it is too late to keep from being thrown off the premises.
Rental deposits
The most frequent complaint tenants have against landlords is the loss of their deposit. Many landlords found from experience that they could keep the tenant's deposit and that there wasn't much that the tenant could do about it. It simply wasn't worthwhile trying to sue to recover a few hundred dollars. The legal expenses alone generally exceeded the amount of the deposit. In 1972, the Legislature recognized this problem and passed several laws controlling the return of tenant deposits. But, the tenant needs to be familiar with these laws and the procedures that they require.
A lessor who holds a deposit from a tenant for the faithful performance of the lease is required to return the deposit within one month after the termination of the lease. However, the lessor can retain all or any part of the deposit that is necessary to remedy a default by the tenant or to repair unreasonable wear to the leased premises. As long as the tenant has not abandoned the premises prior to the termination of the lease, the landlord is required to give the tenant an itemized statement showing why the deposit or any part of it was withheld. If the deposit is not returned and no written statement is given to the tenant, the tenant can demand the return of his deposit in writing. If the lessor still does not make a refund or accounting within thirty days from the written demand, the lessor's failure to refund will be considered willful, and the tenant will be entitled to the greater of his actual damages or two hundred dollars. The court can also order the landlord to pay the tenant for his attorney's fees and court costs. An award of attorney's fees can often be more than the deposit and damages combined and can be the real incentive for the landlord to make a prompt refund once the tenant makes it clear that he is aware of the deposit laws.
If you find it necessary to make a written demand for your deposit back, make sure you can prove that you gave the notice and when the notice was given. Bring a witness with you if you hand-deliver the notice, or send the notice by certified mail. Your notice only has to say that you gave a deposit and expect a refund within thirty days, or you will take further legal action. If the lessor makes a reasonable accounting of why your deposit was withheld, you would not be entitled to damages and attorney's fees. You could still recover the portion of the deposit that you can prove was unreasonably withheld.
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