AS WE APPROACH the end of another school year a large number of students at the University are planning to move out of their apartments. Unfortunately, many of those students are going to leave Charlottesville with a frown on their faces because their landlord is going to keep their security deposit.
Were Shakespeare a Wahoo he might say that the fault, dear students, is not in our stars, but in ourselves that we lose our money. Many students lose their security deposits because they don't know their rights and they don't take the steps necessary to enforce them. Students need to be proactive to make sure they don't get cheated.
Security deposits are open to a great deal of abuse. Since the landlord is in possession of the security deposit they hold most of the leverage. Students can complain or take their landlord to court, but this can cost time and money and might not work. Landlords have up to 45 days to itemize damages after a student vacates and by that time many students have graduated or left Charlottesville for the summer.
Of course landlords do often have a claim to a portion of the deposit. Landlords have the right to keep the full security deposit, or a portion of it, equal to the cost of damage the tenant has done to the rental property. This can include outright physical damage to walls, floors or other parts of the property, or simply filthiness requiring professional cleaning.
I spoke to one apartment management company which several students complained to me about and they pointed out they have lease provisions that include automatic deductions for steam-cleaning carpets and cleaning common areas. This company also took utility bill overage out of the security deposit. These provisions were written into leases and so the deductions were perfectly justified, even if they came as a surprise to students. They also said that some dissatisfied students might have a misconception about the cost of vendors like professional cleaners and painters.
Students should request walkthroughs with their landlords at the beginning and end of their tenancy, noting the condition of the apartment. The student can then obtain the itemization of damages immediately and transparently. Most students fail to do this. The management company I spoke to said that roughly five percent of their tenants avail themselves of the walkthroughs they offer. If students took advantage of the walkthrough they would be able to clear up issues that otherwise could make them bitter about their experience.
Students who feel they've been treated unfairly should realize that taking their landlord to court is a viable option. Filing costs at small-claims court are about $40 and often must be paid by the landlord if the student is awarded the judgment. I spoke to Lester Wilson, director of student legal services, and he said that students can represent themselves in small claims court or engage the student legal aid to help them, which only requires a small fee. While the process might be a little intimidating, landlords don't want to go to court either and will often fold or agree to a reasonable settlement outside of court to avoid the hassle.
Since landlords won't be discouraged by lawsuits if they never lose, students need to take steps to ensure they have the necessary evidence to win at trial. That requires some kind of evidence, either pictures or video footage, showing the apartment was in better condition than the landlord's itemization when the student vacated or that the damage preceded their tenancy.
An important question is whether landlords are really following through on the supposed damages that they claim when keeping student security deposits. While students need to take steps to obtain their rights, one wonders whether some landlords are willfully breaking the law by keeping security deposits on false pretexts knowing full well that few students will protest and that those who do can be placated by a settlement. Such behavior by landlords might be prosecutable as criminal fraud. If you feel that your landlord has been willfully deceptive when keeping your security deposit, you should certainly take the case to student legal services.
Students are transient members of the community here in Charlottesville, and we are easy prey to unscrupulous practices. Even if a landlord is being fair, they might have the incentive to get a professional cleaning on their former tenant's dime if they think it is at all justifiable. The best thing for students to do to make sure they get their security deposit back is to figure out the total deductions in a walkthrough with the landlord before they vacate. At the very least, students should make sure to document the condition of their apartment. In the rental business, no one will enforce your rights for you.
Andrew Winerman's column appears Thursdays in The Cavalier Daily. He can be reached at awinerman@cavalierdaily.com.
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