Deductions From Security Deposit

Upon termination of the tenancy, a Landlord must return the security deposit or adjusted balance within thirty (30) days of the tenant’s vacating the apartment, and deductions can only be made for unpaid rent not lawfully withheld, or any “reasonable” amount necessary to repair damages caused by the tenant or their pets or guests.

If a landlord deducts for any damages, a tenant must be provided with a statement “sworn to under the pains and penalties of perjury” and which itemize the damages and amounts that have been deducted, along with documentation of the actual repairs i.e paid invoices.

Note: The normal wear and tear in an apartment cannot be a deductible item of damage, and while tax increases can be passed on to tenants, vis-a-vis a Tax Escalation Clause, this policy is not widely practiced.

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