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The landlord can adjust the security deposit against any arrears of rents or other charges as agreed under the tenancy agreement.
The agreement should clearly mention the amount of rent that you have to pay each month and the due date by which it has to be paid. In most cases, landlords ask for a security deposit which is usually equal to one or two months' rent amount. Mention the security amount in the agreement and when it will get refunded.
The Security Deposit clause requires the payment of a security deposit to protect, in the case of real property, the Landlord from the Tenant's non-payment of rent and from damage to the property, or in the case of personal property, the Lessor from the Lessee's non-payment or damage to the property.
The security deposit amount which is interest free and non-taxable should be returned by the landlord, just before the tenant vacates the premises, after duly inspecting the premises.
You can straight away send a legal notice to him to claim the said amount, and probably this will do. However, if he still fails to return the money so paid as advance by you you can file an FIR in the police station.
South Dakota state law limits how much a landlord can charge for a security deposit (one month's rent), when it must be returned (within two weeks after a tenant moves, or 45 days if the tenant requests a written and itemized accounting), and sets other restrictions on deposits.
Security deposits are not a part of the monthly rent. A security deposit is a set amount of money paid at the start of renting a place. This sum of money is held by the landlord throughout the rental agreement or lease. It pays for any damage the renter caused in the unit until the end of the lease period.
You cannot dictate to adjust the rent from security. Absolute violation of the rent Agreement. 4. Security is for adjustment of breakages and dues other than the proper rent.
The short answer is no, you don't have to take deposits. Indeed, some landlords have made a positive decision not to take a deposit, so as to avoid the bother of having to protect it in a tenancy deposit scheme.
A rental deposit is generally a safeguard for the landlord against any damages made to the premises by the tenant. The landlord shall deduct a certain amount from the rental deposit in case if any damage has been caused to the rented premises because of the tenant.