NIU students having problems getting their security deposits back from landlords have a place to go for help.

“If a student is having any problems concerning their security deposit, they should come talk to the Student Association,” said Brian Subatich, SA community affairs advisor.

If the student has been wronged, the SA can direct them to the proper place for help. In most instances, the student will be referred to Students’ Legal Services, Subatich said.

“The non-return of security deposits is one of the most common and most serious problems that our office deals with,” said Don Henderson, director of Students’ Legal Services.

Henderson said many students anticipate the return of their security deposits this time of year. Those having problems should find out their legal rights and what action can be taken.

“This is a constant,ongoing situation, given the number of apartments that change hands each year,” he said.

A security deposit is the property of the tenant. If a landlord is going to deduct anything from the deposit, there needs to be documentation, Henderson said.

One of the easiest ways to prevent possible landlord-tenant security deposit disagreements is to complete a room condition report when first moving in, Henderson said.

“It is in the interest of all tenants to document the condition of the premises right from the start. Documentation is very important to have if future legal action needs to be taken,” he said.

Many landlords will provide a move-in checklist that is not as detailed in comparison to the move-out checklist they use. If the tenant does not feel the landlord’s move-in checklist is adequate, they should not hesitate to make an additional list of problem areas, he said.

If any problems occur during the lease period, it is the tenant’s duty to inform the landlord when it happens. This will maximize the tenant’s legal rights if the problem gets worse later on, he said.

State law requires landlords who own more than 10 units and do not plan on returning the tenants security deposit in full to provide a written estimate for the needed repairs or provide the paid receipts for the repairs within 30 days after the tenant moves out, Henderson said.

If an estimate is given, the landlord has an additional 30 days to provide paid receipts for the work done, or to return the tenants security deposit in full, he said.

Landlords who violate the law may be liable for twice the original amount of the security deposit in addition to any court costs incurred, Henderson added.

In addition to state law, DeKalb Ordinance 13.03 states that landlords who do not own 10 or more units are allowed 45 days instead of 30 in both instances. Also, the maximum penalty for a violation is up to three times the amount of the original security deposit, Henderson said.