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OFF CAMPUS GUIDE
security deposits

Source: E.J. Goodman,
The Tenant Survival Book
(New American Library, 1974)

If you decide to rent a particular dwelling, both you and the landlord should examine the unit and note the condition of all items within the premise (e.g., cracked windows, torn furniture, chipped walls). Each should be noted as to whether in good condition or what is specifically damaged or missing (e.g. living room south wall stained, stairwell carpet worn and frayed).

State the conditions that you agree on in writing. If you and the landlord cannot agree on the condition of an item, this should be clearly stated in writing as well.¹ Once the checklist is complete, both you and the landlord MUST sign and date it. Each responsible party to the lease should then retain a copy.

Advantages of a checklist:

  • You can't be held responsible for damages that existed before you moved in.
  • The landlord is obligated to return your security deposit (if any) as long as the unit is in the same condition as when you had first moved in.

Disadvantages of a checklist:

  • The landlord has a legal document stating the condition of the housing unit when you moved in and can bill you for damages incurred while you occupied the dwelling. Of course, you should pay for damages to other people's property.

¹ The actual "condition" of every part of the premises is not necessarily required since the legal basis for withholding all or a portion of a security deposit is the cost of repairs necessary to return the premise to the same condition as when you moved in. Disputes that could involve the original condition of an item on which you and the landlord could not agree makes its photo or an independent professional assessment essential.
Updated: Thursday, October 25, 2007| Residential Life Web Administrator, Linda Koenig (lkoenig@ithaca.edu)