YOUR SECURITY DEPOSIT RIGHTS
©2010 by Rhode Island Legal Services, Inc.
1. HOW MUCH OF A SECURITY DEPOSIT DO I HAVE TO PAY?
The law says that your landlord can ask for a security deposit equal to the amount of your
monthly rent. The landlord cannot get more than that by saying you must pay a security deposit
plus "last month's rent." For example, if your rent is $800, the landlord can ask for a total
security deposit of up to $800.
2. WHAT SHOULD I GET FROM THE LANDLORD WHEN I PAY THE
SECURITY DEPOSIT?
You should get a receipt for the security deposit that states: the amount you paid and that it was
for a security deposit, the name and signature of the person you gave the money to, the address
of the apartment and the date of payment.
You should also make a list of any problems with the apartment. You should write down: broken
windows or screens, holes in walls, broken lights, etc. Try to have a friend go with you when you
make the list and ask him/her to sign the list. Send a copy of the list to your landlord.
The purpose of the list is to show that you did not cause any of the problems, so that you can get
back your security deposit when you move out. The friend can be a witness, if necessary.
3. WHAT IF I DECIDE NOT TO TAKE THE APARTMENT?
If you decide not to move in because the apartment has serious defects (bad roach problem, no
heating system, etc.), you should demand the deposit back, as well as any prepaid rent, on the
grounds that a landlord cannot legally rent a substandard apartment. If the landlord refuses to
refund your deposit, make your demand in writing (see Example 1
) and then, if necessary, take
your landlord to Small Claims Court.
If you discover serious defects in the apartment right after you move in, you can still move out
and demand the security deposit and rent back. But you must send the landlord a letter giving
him/her five days notice that you are terminating your rental agreement. (See Example 2
)
4. HOW DO I GET MY SECURITY DEPOSIT BACK?
The landlord must give you back your security deposit within 20 days after you leave the
apartment if you give a new mailing address to him/her.
Before you leave the apartment, you should make a list describing the condition of the
apartment. Again, you should have a friend witness the description. If the friend who signed the
list when you moved into the apartment can do this, it is helpful. You might also consider taking
pictures of the apartment after you have finished moving and cleaning up.
When you leave, you should give the landlord a letter stating your new address and request that