Get that Security Deposit Back

One of the biggest expenses you'll have to pay when you move into a new apartment is the security deposit. Typically, the deposit amount is a few hundred dollars, but it can be much higher - especially if you have some issues in your credit or rental history.

Now, the point of a security deposit is to protect the apartment owner against any damage you might inflict upon the apartment while you live in it. Once you move out, the management will take the cost of restoring the apartment back to a rent-ready condition. Then, once the repairs are complete, the apartment will send the balance of the deposit to you.

However, there is a lot of ambiguity and room for error within that arrangement. You and the apartment owners might have some very different ideas about what constitutes "rent-ready," what counts as "damage," and what you're bound to cover out of your security deposit.

As a result, you may end up getting much less of your original deposit than you expected. Worse yet, you might get nothing at all or, in extreme cases, get charged additional fees on top of the security deposit.

What to do to get your deposit back

1) Know your rights and the law.

• The apartment or landlord must return your security deposit back to you no later than 30 days after you surrender the unit back to them.

• The landlord must provide you with an itemized list of deductions if he or she is returning less than the full amount to you.

• The landlord cannot charge you for "normal wear and tear," so small scuffs and chips should not be part of the deductions.

2) Take a video or lots of pictures when you move in. Pay special attention to any defects or anything that looks off. Email the video/pictures to yourself so that you can establish a timestamp for them, and keep them safe.

3) Clean the apartment as much as you can. To the best of your ability, you should attempt to leave the apartment in the same condition as when you rented it. The goal doesn't have to be spic-and-span - you just want to make as much of the apartment fall under "normal wear and tear" as you can.

4) Take extensive and honest video and/or photos of the cleaned-out apartment. This video and/or set of pictures should be more in-depth than when you moved in. Don't be bashful or ashamed - if there's damage or some kind of stain you cannot remove, capture it as accurately as possible. As was the case before, email the pictures/video to yourself and save them with the appropriate timestamps.

5) If possible, get a leasing agent or apartment manager to walk the unit with you. Try to record what they say or make a note of it, if you can. Ask them if they see anything that they expect to charge out of your security deposit.

5) LEAVE YOUR FORWARDING ADDRESS. Under the law, failure to leave a forwarding address means that the landlord can keep your entire security deposit.

Don't just let it go

Watch the calendar. Be ready to receive the balance of the deposit.

If you don't get the full amount back, there should be an itemized list of deductions. If there isn't one, you may be eligible to get the entire deposit back.

Texas law takes a dim view of landlords and apartment complexes that try to play fast and loose with security. In fact, those that do so can be subject to fines and having to pay you damages on top of your security deposit amount.

So, don't just accept that you didn't receive that money back. That's your money - not theirs.

One last thing

I wrote these suggestions with the assumption that you don't owe money for rent or utilities to the apartment complex. If you do, I wouldn't expect to get your deposit back or have much of an argument about it.