Category Archives: Landlord Tips

Deadline for Returning Security Deposits by State

 

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant.  As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguements as to the condition of the unit at move out.

State Deadline for Returning Security Deposit
Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

The above chart was obtained from nolo and is deemed reliable at the date of this post.

Application to Rent – It’s all in the details

When renting to a tenant or renting to multiple tenants its extremely important to have them fill out a rental application.  Rental application form or application to rent form can sometimes be found at your local stationary store like Staples or Office Depot.  You can also obtain the form from a tenant screening company, find my list here.  Apartment Associations or some may call them landlord associations will also provide the necessary landlord forms.  There are local apartment associations and nationwide associations, you can find my lists for them here.

The Application to Rent is one of the most important pieces of information you can gather from a prospective tenant during the tenant screening process.  Any information they provide assists you with your decision to rent as well as helps you recover lost rent should they skip out (more on this later).

Here is some of the information you should be requesting from your prospective tenant or new renter when they apply for your apartment for rent or home for rent:

  • Tenant full name; include first name, middle name, last name, and any AKA’s
  • Tenant address history; ask for 7-10 years of addresses to assist you in their prior living history
  • Date of Birth; You cannot base your decision to rent on a tenant’s date of birth, however, many tenant screening reports will require this piece of information.  It will also help with the debt collection process should you need to search for them later.  Lastly the tenant’s date of birth also assists should a Jr. vs. Sr. issue ever arise.
  • Social Security Number; This is required to obtain a credit report or tenant screening background report.  The tenant’s social security number can also be used for skip tracing should they leave and owe money.  Many tenant screening companies will also provide Social Security Fraud reports, I recommend you obtain one on your prospective tenant.
  • Phone numbers.  Get their home phone, cell phone, work phone (see below), and any other phone number they will provide.  Why are so many tenant phone numbers needed?  There are 2 main reasons: (1) to let them know you want to rent to them and (2) to chase after them if the tenant leaves owing you money!
  • Work history for 7-10 years.  It’s important to know where your prospective new tenant’s income is coming from.  Do they have a job?  Where is the job?  What is the address of the job?  Their boss’s name?  The phone number to the boss?  The title of their job?  Their previous and current salary?  You want to know all of this information to help in determining if the tenant can afford your rent.  A tenant screening report or tenant background check will provide credit and criminal information as well as insight on their debt/credit,, but their current job should still be verified.  Employment information also will assist in the debt collection process should the tenant skip out owing you money!
  • Banking information is also important.  First you’ll need this information to verify the tenant has the money to pay your rent.  You want to know they can write you a check each month!  (and that it will clear!)  Plus, as I stated with other information above, this will help with the debt collection process.
  • Tenant’s Relatives and Non-Relatives.  This information is helpful for the tenant screening process and the debt collection process.  Relatives will help you confirm the type of person your new tenant is, they will also help you locate the tenant when they leave you owing rent.  Non-relatives are also important because friendships change over years.  Your tenant may list someone that, after moving out, they are no longer friends with.  That person may be more than willing to assist you in your debt collection needs.
  • Additional Occupants in the apartment.  Who else is going to reside in the unit?  What is their name?  What is their social security number and date of birth?  How are they related to your prospective tenant?  Depending on the age of the occupant you may want them to sign the rental lease too.  You should perform a tenant screening background check on every occupant over the age of 18 even if they aren’t signing a lease!
  • Pets.  Do they have any pets?  Do you even want to allow pets?  What kind of pets are they?  Age of pet?  Type of pet?  How big (weight) is the pet?  What’s the name of the pet?  You’d be surprised how often the pet “gets out” and how helpful it can be to know its name.  Or if that dog is parking all night because your tenant is gone and you can yell out to the dog.
  • What type of vehicles does the prospective tenant own or lease?  A tenant screening background check will not always show automobiles.  You should obtain the type of car, color, year, make and model.  Always know whose vehicles are parked on your property.  This includes autos for co-tenants/additional occupants.
  • Ask the hard questions!  Ask the tenant on your rental application form if they have ever been evicted from an apartment or home.  Sure many will lie and you’ll discover an eviction on their tenant screening eviction background check, but others may fear the question and not even apply — saving you time, money, and aggravation.
  • Important:  You must have a signed release from the tenant authorizing you to obtain and investigate information on them such as a tenant screening credit report, criminal background check, eviction records, etc.  The law requires this release, so don’t forget it!
  • Always have the tenant print their name and provide a signature and date.  If the application is more than 1 page, its not a bad idea to have them initial or sign the bottom of each page in the corner.

My apartment association provides rental applications for free.  You can also find landlord forms like the application to rent from some tenant screening companies.  Visit my listings to locate an apartment association by state or visit the American Apartment Owners Association, a nationwide landlord association providing larger discounts than local chapters, for the necessary landlord forms.