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What Does The Law Say About A Security Deposit When Renting A House?

What Does The Law Say About A Security Deposit When Renting A House?

It’s all about the landlord requesting money that he believes will help pay any damages that may occur during the tenancy.

However, the concept of a security deposit is not as straightforward as it appears. The security deposit of a renter cannot be taken for granted by the landlord. It will be one of the most serious errors if the individual does so.

A landlord should always keep in mind that if something goes wrong with the security deposit, the tenant can seek aid from the best tenant lawyers in Atlanta GA. Tenant Lawyers Atlanta will be able to assist the tenant in obtaining their deposit back.

In this post, we will discuss the most important aspects of the security deposit that everyone should be aware of.

Maximum Security Deposit for Tenants

The main objective of a security deposit is to compensate the landlord in the event of any damage or losses, such as non-payment of rent.

To begin, we must determine how modest a sum can be collected under the guise of a tenant security deposit. This amount has a monetary limit determined by state legislation. As a result, the amount of a tenant security deposit varies by state.

Despite the fact that the state has already determined the amount, it is still a good idea to speak with a local councilor because legislation in some places changes often.

In roughly 20 states, a landlord’s ability to adjust the size of a security deposit is completely unrestricted. Landlords in some states, on the other hand, are restricted. They can only charge a security deposit of one month’s rent in this case.

There are also some rules that allow landlords to charge more in order to cover pets, property changes, or greater liability concerns.

Some states additionally divide a single deposit into multiple categories. Some states, for example, allow landlords to request a tenant deposit of two months’ rent for unfurnished properties. Some states, on the other hand, determine the regulations based on age.

If a renter is under the age of 62, the landlord can charge two months’ rent as a security deposit, but if the tenant is 62 or older, the individual just needs to pay one month’s rent as a security deposit.

The Application Of A Tenant Security Deposit

There are five legitimate grounds for the landlord to retain a portion of the tenant’s security deposit. All of these things, once again, differ from one state to the next.

  1. Injuries

The damage does not appear to be normal wear and tear. Here are the losses we’d like to suggest.

  1. Failure to Pay Rent

The landlord may seize a portion of the tenant’s security deposit to satisfy all of the unpaid rents. The landlord must first notify the tenant of any unpaid or past-due rents before taking legal action against the tenant with the assistance of Tenant Lawyers Atlanta.

  1. Cleaning Charges

All of the cleaning costs associated with turning over a rental property cannot be deducted from the security deposit. However, if the renter vacates the premises and leaves behind furniture and trash, the landlord must pay to have them removed.

The sum might be deducted from the security deposit by the landlord.

4 Bills that have not been paid

The landlord has the right to deduct money from the security deposit to reimburse any outstanding utilities or other expenses relating to the rental.

  1. The Lease Is Breached By The Tenant

If a tenant defaults on their lease, the landlord has the authority to keep the entire or a portion of the security deposit. This is always subject to the laws of the state in question.


If you have a problem with your tenant’s security deposit, the best approach to address it is to consult with one of Atlanta’s best Tenant Lawyers. The pros are well-versed in the local legislation and will be able to assist you.


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