What are the laws governing the refund of a security deposit?
In Tennessee, the laws governing the refund of a security deposit are outlined in the Tennessee Residential Landlord and Tenant Act. Under the Act, a landlord is required to refund a security deposit to the tenant within 45 days of the tenant moving out. This will be the full amount of the security deposit, minus any deductions for damages, unpaid rent, or other charges that are the responsibility of the tenant. Any deductions that the landlord wishes to make from the security deposit must be outlined in writing and provided to the tenant within 30 days of the tenant moving out. If the tenant does not receive this notice, or if the landlord does not provide a receipt for any amounts withheld, the landlord must refund the full security deposit to the tenant. When the tenant moves out, the landlord is required to inspect the property and prepare a written itemized list of any damages or charges that are the tenant’s responsibility. The landlord must then provide this list to the tenant, along with any receipts for repairs or cleaning that were performed. The tenant must then respond to the list within 30 days, either in writing or by paying the landlord. In order to ensure that the security deposit is refunded in full, a tenant should always document the condition of the rental property when moving in and out, and keep records of any payments or repairs made. This will help to ensure that any deductions the landlord makes from the security deposit are justifiable and legally correct.
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