Property managers should always require a refundable security deposit in
residential property management properties. This deposit should be kept in
a separate account for trust or escrow funds and will be returned to the
tenant in part or in full once the tenant has moved out. Security deposits
are often the most hostile subject between property managers and tenants
and property managers can take steps to prevent security deposit disputes,
educate tenants and ensure that security deposits are used correctly and not
abused. Taking these steps will also protect property managers against potential
legal action.
1. Know the State Laws
Property managers should educate themselves and their tenants on the state laws
regarding security deposits. These regulations can determine the security deposit
amount, the handling of the security deposit, the timeframe in which a security
deposit is to be returned as well how what constitutes as an allowable deduction.
2. Document, document, document
Before a tenant moves into the property, walk through it with them and thoroughly
document any damages to the property by either recording or taking adequate pictures.
Do the same upon the tenant terminating their contract. Documenting the condition
of the property before and after the tenant has occupied it will be one of the
greatest defenses against security deposit disputes.
3. Security Deposit Deductions
Most states have regulations as per what can and cannot constitute a security
deposit deduction. Normal wear and tear to the property can not be deducted from
the deposit, however damages can be. Deductions can also be made if the tenant
breaches the contract or fails to pay rent.
Security deposits can protect both tenants and property managers if they are
handled correctly and can cause contention, legal issues and headache if they
are not. Remember that security deposits are not additional rent and serve only
to ensure that, in the event of property damage or missed rent, the property
manager is able to cover the cost. The allure of receiving the security deposit
upon leaving will also drive most tenants to properly care for the property,
consistently make rent payments and avoid violating the contract. Certified
property managers at Property Management inc actively maintain properties and
communicate with tenants to keep them happy and cooperative, properly handling
a security deposit can be the single most important step in this process.
To find out more about managing security deposits, contact our
PMI Inland Empire office.
