Deposit Requirement
A landlord may require a deposit to ensure that the tenant takes care of the unit and complies with the terms of the rental agreement. Deposit requirements cannot be discriminatory, nor may a deposit be increased to retaliate against a tenant. A nonrefundable fee cannot be called a "deposit." A refundable damage or security deposit must be distinguished from nonrefundable cleaning fees.
If a deposit or nonrefundable fee is charged, the lease or rental agreement must be in writing, and must include the terms and conditions under which any deposit will be returned. A deposit cannot be withheld for normal wear and tear. If a tenant pays a deposit, the landlord must provide a document describing the condition of the rental unit. The landlord is required to keep deposits in a trust account, and must also provide the tenant with a receipt and the name and address of the depository. Any interest earned on a deposit belongs to the landlord.
The landlord has 14 days after a tenant moves out to return a deposit, or give a written explanation of why it (or any part of it) was not refunded. If a landlord does not comply, the full amount of the deposit must be refunded to the tenant, regardless of any claims by the landlord that the tenant is not entitled to a refund.
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