Security deposits

 Uncategorized
Oct 222003
 
Authors: Taylour Nelson

Living off campus is a luxury for some students. No rules, no

quiet hours and no sharing a bathroom with 30 other people.

But for others, it can mean frustration – misunderstanding of

property management companies and the contracts they are signing

that bind them to certain responsibilities.

Kevin Daley, director of Student Legal Services, said students

often enter a lease without reviewing the terms or fully

understanding what they are signing.

“They don’t understand what they are agreeing to because this is

the first contract they are entering into,” he said. “They’re not

looking down the line a year from now to what could happen.”

When renters sign a contract with a landlord, they are

committing themselves to being responsible for the property. To

ensure the renter will not completely ruin the property, most

landlords require a security deposit to be paid before the students

move into the house. The security deposit guarantees the landlord

reimbursement money if the property is damaged and needs to be

repaired when the renter moves out.

Cindy Thompson, the property manager at Housing Solutions

Property Management in Fort Collins, said that when renters do not

receive their full amount in security deposits, there is usually a

good reason for the charges.

“Any damages resulting from tenant neglect can be charged,” she

said. “If we need to re-carpet for some reason, or the walls are

completely trashed, it can all add up quickly. If someone really

ruins the property then it can exceed the amount on the security

deposit.”

Thompson added that most renters receive most of their security

deposit at their lease’s conclusion.

“The majority of tenants get their security deposits back; it’s

the unusual one percent who don’t get some or all of the deposit

back,” she said.

Still, Student Legal Services sees many students who have

problems with renting from property management companies. Last

year, 486 students enlisted the help of the attorneys in the Lory

Student Center for housing problems alone.

“An overwhelming majority is for housing issues. Many of those

deal with security deposits,” Daley said.

Renters can sign a lease agreeing to do almost anything, Daley

said.

“Some of the leases out there will have the tenant leave the

premises in better condition than when they received them” he

said.

Amy Perrino, a senior psychology major, rented a house through

one of the property management companies in Fort Collins last year.

She paid $1,200 toward a security deposit and only received about

half the money at the end of her lease. She felt she was unfairly

charged for repairs to the property, including a lock change.

Perrino and her roommates filed a complaint about the

charges.

“We didn’t leave the house any worse than when we got there,”

she said.

Six months later, after filing a complaint and writing a letter

to the property management company, Perrino and her roommates

received a check for about 10 percent more of their security

deposit money. She and her roommates have since decided to rent

straight through a landlord.

Renters have been charged for problems that range from a broken

window screen or stained carpets to the removal of furniture and

personal items the renter neglected to take with them when moving

out.

Tim Moody, a senior civil engineer major, had money deducted

from his security deposit when he neglected to take care of the

lawn around his property.

“We didn’t water our lawn, which I thought was stupid – we were

in a drought,” he said.

Moody and his roommates decided not to argue their security

deposit charges because their move-in checklist was not filled in

very carefully, providing no substantial evidence to show they were

not responsible for the damages.

According to Student Legal Services, the move-in checklist is an

essential part of getting money back from a security deposit.

“The best thing for students to do is take pictures or a video

camera when they move in, make a detailed check-in report and have

their own copy, don’t give the only copy to the landlord, you might

not ever see it again,” Daley said.

There are ways renters can get back all of their money from the

security deposit.

According to the Security Deposit Statute, the landlord has up

to 60 days from the termination of the lease to the return of the

security deposit, an itemized list of deductions or a demand for

money. If the landlord does not send a letter within 60 days, the

landlord forfeits any right they may have had to keep any portion

of the security deposit.

“It’s more common than you think,” Daley said. “They manage a

lot of properties and mistakes happen.”

If renters feel their money has been unfairly withheld, they can

demand their security deposit money in a seven-day letter.

“The statue calls for the seven-day demand letter to give the

landlord one last chance to send some of the money or all of the

money back to the (renter) before going to court,” Daley said.

Not every housing contract will result in problems needing to be

solved in court, but students should be aware of what could

possibly happen when signing their lease.

“We make a huge effort in trying to educate students about their

rights, their responsibilities and about what they can do to

protect themselves,” Daley said.

Want to get your security deposit

back?

  • -Be as detailed as possible in your check-in sheets
  • -Before moving in, photograph the entire unit, paying close

    attention to damaged areas. Use a video camera if possible.

  • -Have someone other than a roommate inspect the unit before you

    move in. Have the same person inspect it when you move out.

  • -Try to get your landlord to go through and sign a check out

    sheet.

  • -Take detailed pictures when you move out of the unit.

From: Student Legal Services

 

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