What is a security deposit in a real estate transaction?

A security deposit in a real estate transaction is money held by either the landlord or tenant that is intended to cover potential damages to the rental property. In the District of Columbia, security deposits are capped at the equivalent of one month’s rent. A landlord will collect a security deposit from a tenant prior to the tenant occupying the property. As per the law, the landlord must then retain the security deposit until the tenant vacates the premises and proves that there is no damage beyond normal wear and tear. Should there be any damage to the property beyond normal wear and tear, the landlord can use the security deposit to repair the items, provided that the landlord has documented the damages. The tenant is then responsible for paying the landlord whatever additional amount is required to cover the cost of repair. At the end of the tenancy, the landlord is legally obligated to refund any remaining balance of the security deposit to the tenant, minus any deductions for damages identified by the landlord. The tenant also has the right to inspect the unit prior to vacating the premises in order to compare the current condition against the initial condition. If there is a disagreement between the landlord and tenant regarding the condition of the property, the tenant has the right to file a complaint with the District of Columbia Office of Tenant Advocate.

Related FAQs

What is the difference between a Listing Agreement and a Buyer Representation Agreement?
What is the difference between a lien and a mortgage?
What is the difference between exclusive right to sell and exclusive agency?
What is an option to purchase?
What is a disclosure statement for a landlord-tenant agreement?
What is foreclosure by judicial sale?
What are the rights of a tenant upon foreclosure?
What is the difference between an affidavit of title and a title commitment?
What is a dual agency in a real estate transaction?
How can I protect myself when renting a home?

Related Blog Posts

Everything You Need to Know about Hiring a Real Estate Lawyer - July 31, 2023
The Benefits of Working with a Professional Real Estate Lawyer - August 7, 2023
Navigating the Home-Buying Process with Residential Real Estate Law - August 14, 2023
Knowing Your Rights: An Overview of Residential Real Estate Law - August 21, 2023
Real Estate Law: How to Avoid Common Pitfalls - August 28, 2023