this post was submitted on 13 Mar 2025
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Shouldn't be a issue since landlords never lie to keep deposits right?

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[–] MisterFrog@lemmy.world 7 points 7 hours ago

Wait, this ISN'T how it works where you live?

Where I live (in Victoria, Australia), the bond is held in trust by the residential tenancies bond authority. At the end of the lease the landlord can try make a claim, but you can take them to VCAT (a small claims tribunal) to argue against it, and until either all parties agree, or the court orders it, the bond doesn't get paid out to anyone.

Our laws are far from good, and still favour owners too much, but damn. Just trusting them to pay you out of their own pocket?

[–] GrumpyDuckling@sh.itjust.works 6 points 8 hours ago* (last edited 6 hours ago) (1 children)

In my state they have to give you an itemized statement of damages and/or return your deposit within ~~30~~ 45 days or you're entitled to ~~tripple~~ double the amount.

[–] ray@lemmy.ml 2 points 7 hours ago (1 children)
[–] KestrelAlex@lemmy.world 11 points 11 hours ago

In Canada your landlord is required to pay back your deposit with interest, so if you gave them a $1000 deposit and stayed for 10 years and interest is at 5% they would be giving you back about $1600.

Very few actually do this and most of the time interest is so low nobody bothers to fight for it.

[–] Scott_of_the_Arctic@lemmy.world 3 points 10 hours ago

In Norway your deposit is payed into a special account in your name and both parties have to agree to it's release or settle in court. If the landlord takes some for repairs to abnormal damage (can't charge for "normal wear and tear") they have to provide proof that they used it for that (receipts etc).

[–] The_Caretaker@lemm.ee 23 points 16 hours ago

Better yet, don't allow corporations to own residential properties at all. Only allow individuals to own two residential properties. Make renting residential property a crime like human trafficking, because that's what it is. Let hedge funds speculate on commercial and industrial real estate. #RentIsTheft

[–] dracs@programming.dev 22 points 21 hours ago (1 children)

It's a requirement in Australia for it to be paid to the government bond agency. Typical method of paying it is a cheque payable only to the bond authority. Once you hand back the keys at the end of the lease you can apply directly to the bond agency for it to be refunded to you and the landlord needs to formally object to claim any of the bond.

[–] BilboTBaggin@lemmy.world 5 points 18 hours ago (1 children)

That sounds like a way more reasonable system! As far as I'm aware it's not super common here (Netherlands) for landlords to not pay back the deposit but it is entirely in their hands :(

[–] dracs@programming.dev 3 points 17 hours ago

Well, still plenty of dogdy landlords who take advantage of people who don't know about that requirement and either take it for themselves or push renters towards "resolving disputes between themselves" and not involving the bond authority at end of lease time.

[–] merthyr1831@lemmy.ml 1 points 13 hours ago* (last edited 13 hours ago)

The UK is pretty bad for tenants rights but they do force landlords to putting deposits into special accounts that have legal protections for the tenant, and if said landlord tries to avoid it you can usually easily win back a multiple value of your deposit with little the landlord can do.

Landlords regularly take the piss with claiming exorbitant amounts for "damages" which is harder to contest, and many of us just accept a few deductions even knowing they will just pocket it.

[–] lka1988@sh.itjust.works 64 points 1 day ago (2 children)

As someone who is likely going to be stuck renting for the foreseeable future, I agree. I'll happily pay my deposit to some sort of escrow that the landlord has zero access to until it's proven by a neutral third party, with no financial interest in the property, who has seen the property before and after renting.

[–] alkbch@lemmy.ml 17 points 1 day ago (12 children)

Who’s going to pay this neutral third party to come see the property twice and allocate the deposit between the tenant and landlord?

[–] MisterFrog@lemmy.world 1 points 7 hours ago

The state. It's literally how this works in other countries. (Victoria, Australia, anyway)

[–] Clent@lemmy.dbzer0.com 2 points 9 hours ago (1 children)

The escrow company gets to invest the deposit. They can use a portion of those funds to determine who receives the payout.

[–] alkbch@lemmy.ml 0 points 8 hours ago (1 children)

You mean they keep a portion of the deposit to determine who receives the payout? If you meant they only keep a portion of the revenues produced by the investment, which obviously must be one of the safest ones available and thus will have low return on investment, I'm afraid that would not be economically viable for the escrow company.

[–] Clent@lemmy.dbzer0.com 1 points 7 hours ago (1 children)

Looks like there are accounts that can earn 3.5%. It's an hour or two of work. Average occupancy rate is close to three years. A $2000 deposit would cover an inspection after a year.

Fallback could be on the renter if there is reason to withhold and on the owner if there is no need to withhold.

[–] alkbch@lemmy.ml 0 points 7 hours ago* (last edited 7 hours ago)

Assuming your numbers are correct, after one year the interest is $70. I doubt you’d get anyone out to conduct the inspection at that price, let alone two because you need one at move in and one at move out; and let’s not even get started about potential the additional work should there be a dispute by the tenant or the landlord.

[–] bent@lemm.ee 19 points 1 day ago (1 children)

Either the landlord or a split between the parties

[–] alkbch@lemmy.ml 19 points 1 day ago (1 children)

A split between the parties might help avoid conflict of interests

[–] DarkDarkHouse@lemmy.sdf.org 7 points 22 hours ago* (last edited 22 hours ago)

Where I live it’s up to the landlord to dispute the return of the government-held bond and prove their case to the tribunal. If they do not dispute within two weeks after the tenant claims it, or are unsuccessful in proving damage, the government automatically releases the bond back to the tenant.

[–] DrFunkenstein@lemm.ee 7 points 1 day ago (1 children)

Realistically the viewing could be replaced by the landlord taking a series of before and after photographs that are approved by the tenant. A $2000 deposit held in just a CD would generate $100 in a year, which is enough to cover a good bit of any random additional costs

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[–] driving_crooner@lemmy.eco.br 5 points 1 day ago

In Brazil, tge escrow is keep by an insurance company, for the landlord to keep its need a judicial order, and at the end you receive it back adjusted by inflation.

[–] meliante@lemm.ee 33 points 1 day ago (2 children)

They have a deposit protection scheme in the UK where neither the landlord nor the tenant have full control of the amount. It's very useful. Much better than the landlord having the money in his possession.

[–] brewery@lemmy.world 2 points 20 hours ago

This, the limit on how much it could be, and the ban on charging any additional fees, absolute game changers! The changing them not being able to tax deduct mortgage payments has also changed behaviour. I mean, landlords are still a huge drain on society and rents are mental but these steps help

[–] ladydragonfruit@lemmy.ca 11 points 1 day ago

This was a big change when we moved to the UK. It makes sense to have a third party involve with photos of everything before you rent. Should be standard really.

[–] absGeekNZ@lemmy.nz 15 points 1 day ago (1 children)

In NZ if the bond is not lodged with the tenancy tribunal within a couple of weeks, the LL is in serious trouble.

[–] meteorswarm@beehaw.org 2 points 14 hours ago

Meanwhile in America, my old ll tried to tell me I couldn't have my deposit back because "it's summer and the bank is on vacation"

[–] BJ_and_the_bear@lemm.ee 16 points 1 day ago (1 children)

You can demand itemized receipts for everything they want to take from the deposit, at least I’m California

[–] alkbch@lemmy.ml 4 points 1 day ago

Above $125.

[–] the_q@lemm.ee 7 points 1 day ago

Ah yes... Lords of land... The greatest of leeches.

[–] bjoern_tantau@swg-empire.de 11 points 1 day ago (1 children)

I mean, the court will definitely be involved if i don't get my deposit plus interest back.

[–] Limonene@lemmy.world 11 points 1 day ago (1 children)

I had to sue for my security deposit once. It's very common in the US for landlords to fraudulently keep some or all of the security deposit.

[–] agamemnonymous@sh.itjust.works 2 points 15 hours ago (1 children)

How annoying was that? My last landlord claimed some pretty indefensible justifications for keeping our deposit (among other things, $300 to "sweep and vacuum the attic") but I'm not convinced that I'll actually wind up ahead if I'm missing work to go to court.

[–] Limonene@lemmy.world 1 points 14 hours ago

It was during the pandemic, so the courtroom was a teleconference. For $300, it's not worth the stress (unless you can also claim statutory/punitive damages). But it is worth knowing you've deprived a leech of committing theft, if that appeals to you.

Small claims court is not too hard and doesn't require a lawyer, but do try to find some free legal advice before your court date. Housing issues usually have free legal advice in most jurisdictions.

[–] Bzdalderon@lemmy.ca 9 points 1 day ago* (last edited 1 day ago)

This is actually how it works in some places in Canada. It's a very effective system.

[–] corsicanguppy@lemmy.ca 7 points 1 day ago

It's different in my region.

Landlords have been challenged to show when and why they withold deposits. It's not guaranteed but when brought to the board the tenant often wins unless the landlord can present a good case.

Then again, we only rent from companies for a reason.

[–] Jimius@lemmy.ml 8 points 1 day ago

Why more? Why add an extra layers, more complexity? Why not just ban deposits? The rental contract already covers damages caused by tenants. And it's not like you pay a €2000 deposit, cause €10.000 worth of damage and not have to pay the additional €8000.

Maybe in the past, with cash payments and paper records. Deposits added a layer or security. But does that still hold true today? I'm sure landlords will disagree.

If the landlord believes the tenant left the property in a damaged state, they can enforce the contract. Upside is that it's not worth it to sue for trivial shit like nail holes or greasy stove vacuums. Now the tenants are always on the backfoot, spending money to get their own money back.

[–] tdawg@lemmy.world 7 points 1 day ago

I mean apartments should be run by the state but baby steps I guess

[–] cattywampas@lemm.ee 6 points 1 day ago

Check your local laws and ordinances, your landlords may be required to provide itemized expenses to you within a certain time frame. Where I am, it's within 30 days.

[–] Darkcoffee@sh.itjust.works 5 points 1 day ago

In Canada, most provinces do this already.

[–] Gethund@lemm.ee 4 points 1 day ago (2 children)

... what kind of deposits? 😮

[–] gonzo-rand19@moist.catsweat.com 6 points 1 day ago (1 children)

Security deposits are a type of refundable fee where a tenant pays a specific amount (often many hundreds of dollars) to a landlord to "ensure" that they don't damage a residence while living there. If the residence is damaged, the landlord keeps the deposit. The term is derived from contract law where "security" just means a way to make sure that a party to a contract meets their contractual obligations.

There are many instances where a landlord illegally keeps the deposit over damage that was either already existing or minimal (also referred to as "wear and tear" damage, which is expected when you live somewhere long-term), so OP is calling for the courts to determine the extent of damage to prevent landlords from taking advantage of tenants.

In some jurisdictions (like the one I live in), security deposits and most other related deposits such as key deposits (i.e., a refundable fee paid to obtain a key to the residence) are completely illegal in order to eliminate the possibility entirely.

[–] Gethund@lemm.ee 4 points 1 day ago (2 children)

Thank you for the explanation.

[–] Lv_InSaNe_vL@lemmy.world 1 points 16 hours ago

Do you not have security deposits where you are? That's strange honestly lol

You're welcome. Hopefully you don't have to deal with security deposits any time soon. :3

[–] Gethund@lemm.ee 4 points 1 day ago

Sorry, still new migrant. Just wanted to say I have never seen the descriptions of the emojis before! I was getting some of them SO wrong! 😱

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