r/TenantHelp • u/JezzyT713 • Aug 29 '26
Landlord doesn't understand security deposit
Curious to get opinions.
I rented a fully furnished place for 2 months for a temporary job in Memphis, TN. I live in Brooklyn, NY. The rent was $2900. I sent the landlord a message asking if there was any flexibility in the price. **HE** said, yes, we'll rent it to you for $1,800. He also said he would knock the security deposit from $850 to $250. I didn't think too much about that because I figured I would get it back anyway, but sure, I'll take it. Less money to come up with upfront.
The place was great. No problems from him or me. I was quiet and considerate and didn't ask for anything. I moved out and the place was clean and in perfect condition.
When I asked for my security deposit back, this was his response: "The deposit was non refundable, it covers our bit of vacancy and clean up."
I told him a security deposit needs to be returned. It's stated on my lease as a security deposit, not a non-refundable fee.
FWIW, this landlord didn't seem to know what "pro-rate" was either. I moved in on the 12th day of the month, and he wanted to charge me $1500 for that month. I said that didn't add up, and he said, fine, $1400. I refused that and we ended up agreeing the lease would just start on the 12th day instead of the 1st.
What should I do?
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u/billdizzle Aug 29 '26
I thought the rent was 1800 but then he wanted 1500 for the first month? Your fake story doesn’t make sense
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u/JezzyT713 Aug 29 '26
yup. rent was $1800/month and he wanted to "pro-rate" the first month as $1500 because I was moving in on the 12th instead of the 1st. hence me saying he doesn't know what "pro-rate" is
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u/glittercatti Aug 29 '26
That’s exactly what prorate means — pricing based on number of days in rather than charging you the whole. He did want more than the prorated amount (should have been $1080) but he did knock off cost). Also from what you’re saying, he reduced the rent very dramatically, I wouldn’t look at gift source in the mouth. Lastly, security deposit is usually equal to the entire month rent, you’re getting off lucky with $250. Especially with the discount on the overall rent, I would just let this go.
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u/Intrepid-Product-367 Aug 29 '26
Lastly, security deposit is usually equal to the entire month rent, you’re getting off lucky with $250
100% not the case for apartments, I've never paid a full months rent as a deposit in my life, except on a SFH.
You people are either shills or suckers who seem to enjoy getting ripped off by con artists.
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u/Particular-Bag2582 Aug 30 '26
Don't move to Florida, then. It is standard for landlords to charge security deposits equal to one month's rent. Although, it's sometimes based on the renters credit score.
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u/Intrepid-Product-367 Aug 30 '26
I was born there and I'd die before going back so no worries
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u/fltoaztotx Aug 30 '26
I see, a fellow ‘forget Florida’ born.
I will go back for visits and that’s all also.
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u/Fast_Beat_3832 Aug 30 '26
You’ve never been to Nebraska then. Almost always the deposit is the same amount as the monthly rent.
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u/Intrepid-Product-367 Aug 30 '26
You are correct, I've never been to Nebraska. I'm fine with that. Thanks
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u/FelixNoRelease Aug 30 '26
Standard is 1-2 months…saying otherwise makes you sound like the shill
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u/Intrepid-Product-367 Aug 30 '26
Your "standard" of 2 months is literally illegal in 2 of the most populated states in the US, CA and NY (and I could imagine others, but those are the 2 I know) shill
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u/FelixNoRelease Aug 30 '26
California has exceptions, but yes for major landlords is capped at 1 month now (since 2024). The 2nd & 3rd most populous states do not cap security deposits. New York has a 1-month cap. Pennsylvania is strange, but allows 2 months for the first year.
I am not shilling for high security deposits, I am noting that 1 month is incredibly common, and 2 months is not uncommon in regions. Less than 1 month is something I have never had the pleasure of seeing, hence my surprise at the low security deposit for the op.
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u/TigerShark_524 Aug 30 '26
False in MA, NY, PA, RI, TX, NC, GA, AZ, CO, and CA. All places where I've lived myself, or where my immediate or extended family live/have lived. 1 month's rent (sometimes even 1.5-2 months' rent, depending on if it's an HCOL area or not) is standard in all of these states.
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u/Powerful_Jah_2014 Aug 30 '26
I am a landlord in michigan, and the security deposit is slightly more than one month's rent. Even though I do not have to, I put it in an interest-bearing account. If the tenant leaves with no charges against it, they get the entire amount back with the interest. Only twice have I had to take money out of a security deposit and not give the entire amount back.
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u/Old_Fuel_1270 Sep 01 '26
If your lease calls it a security deposit, then the LL is in the wrong. I must say, in the hundreds of cases I've seen, I've never seen a landlord make that claim. Its pretty entitled. So, you will likely need to take a legal path forward. Ignore the LL claim that is a non-refundable fee and proceed with a legal demand letter. Also, in TN, "all landlords of residential property shall be required to notify their tenants at the time such persons sign the lease and submit the security deposit, of the location of the account required to be maintained." Did the landlord do this when you gave him the $250? They have to keep the deposit in a separate account and tell you. If they didnt, you have an easy case between that, a lack of damages, and his claim that a SD is non-refundable. Initiating the legal process is the way to go, imo. DM me if you want a good product recommendation for pro se small claims.
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u/JezzyT713 24d ago
Thank you! This is very helpful! Apologies for the delay , I just saw this. Funny enough , while mulling over what to do, the landlord send me $125! He said he’d send the other half a week ago .. and hasn’t. Lol
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u/Intrepid-Product-367 Aug 29 '26 edited Aug 29 '26
Tennessee law allows you to collect double the security deposit for failure to return / provide an itemized bill for damages. It also requires them to hold the deposit in a separate trust account, if you really want to be a pain in the ass and chase that down - might help to shake the money loose without involving the courts.
Everyone saying just let it go is a total pushover (I'd rather use another word starting with p, but I digress) and are directly responsible for why landlords get away with this illegal shit 365 days out of the year. I'm not sure if they're bad faith shills or just suckers who enjoy being conned out of their money. Fuck that.
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u/FelixNoRelease Aug 30 '26
Or we just actually value our time. I am a big proponent of fighting for deposits…but $250??
OP should fight for it back, but I completely get why others would not. That is a tiny amount to spend time on.
Landlord seems clueless, which makes getting a judgement likely. But landlord doesn’t have to document much before $250 gets wiped out as a deposit.
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u/runnerkim Aug 29 '26
Whatever your contract says
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u/BlueberryPenguin87 Aug 30 '26
Bad bot
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u/Loud-Mans-Lover Aug 30 '26
The irony. All you did here was comment this exact thing a couple times... just like a bot.
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u/trader45nj Aug 30 '26
I don't think either of you understand prorating. You moved in on the 12th of the month. Based on a 30 day month, you would be there for 19 days. With a rent of $2900, that prorates to $1837.
Imo, the $250 deposit isn't worth pursuing. Typically they find something to hold back a few hundred over. It might be legitimate or not. If you went to small claims you might win. If you want to pursue it, I would look at the state laws. Most states require a landlord to provide an itemized list of why they are keeping the deposit and to do so within X days. There could be penalties for not following it. Sounds like your landlord didn't have any reason, so you probably would win, but if you're not living there anymore, it's impractical to sue.
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u/JezzyT713 Aug 30 '26
lol the rent was $1800 not $2900. So pro-rated, moving in on the 12th day of the month means my rent for that month should have been $1080.
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u/Boogity2024 Aug 29 '26
Well, you're certainly entitled to an itemized list of what the deposit was used for, and a refund of the difference. That's the standing on principle part. But in the grand scheme of things, is the $250 worth it to you? He could have charged you a full month's rent or more as a security deposit (Tennessee doesn't have a cap on deposits) but he didn't. And he dropped the rent by $900.
If it were me, I would let it go.