Rent security deposits are a common "security" measure requested by landlords to compensate them for potential damage to their property. The typical sum is one month's worth of rent. Security deposits are fully refundable (provided that there is no damage to the premises caused by the tenant) and encourage the tenant to maintain the premises.
At present, there are no proclaimed laws in Trinidad and Tobago governing how security deposits for rented properties between a landlord and tenant are to be treated. However, as tenancies arise due to oral or written agreements, the law of contracts are used to support their validity and functioning.
What kind of condition must a tenant leave the premises in?
This question was answered by Lord Denning in a popular English case called Warren v. Keen [1954].
Tenants are obligated to not commit voluntary or negligent acts of injury or damage to their rented property. This obligation arises whether or not it is stipulated in the oral or written agreement for tenancy. A common standard in law for tenants is that the property must be maintained save for fair wear and tear or changes caused by the natural lapse of time.
If the property is damaged for any reason not at the fault of the tenant, they are not responsible for the repair. Always take pictures or videos of the property right before you leave the rented property. It is advisable that the landlord and tenant jointly walk through the property to observe its condition and contents before occupation and at the end of the tenancy.
What if my landlord did not ask for a security deposit?
Presently, it is not legally required for a landlord to collect a security deposit in Trinidad and Tobago. Your status as a tenant will remain unchanged. However, depending on the consequences specified in your agreement, there may be other issues if a security deposit is expected but is not paid.
My landlord asked for “first and last month’s rent” before I signed the agreement. What does this mean? Can the deposit be used to cover my last month of rent?
This is a misguiding phrase commonly used. The landlord may be asking for your first month's rent and a deposit in the sum equal to one month's rent. It is important to clarify, as the landlord may be suggesting that a tenant pays two months of rent upfront to ensure the last month’s rent is paid. This is not the same as asking for a deposit.
What is the difference between rent and a security deposit?
Rent is a recurring payment, typically made monthly, for the ongoing use and cost of occupying the property. A security deposit is paid once as a financial safeguard. Rent is non-refundable, unlike a security deposit.
How long should it take for a security deposit to be returned?
Although there is no specific period set in law, a landlord should return a security deposit within a reasonable time from the date the agreement terminated. The circumstances governing the return of a security deposit (inclusive of the requisite time frame) should be clearly stipulated in the lease agreement. Within fourteen (14) days may be reasonable. This provides sufficient time for them to retrieve the keys, do a walkthrough, and inspect whether the property has been left in good condition. If your landlord takes an excessive period to return your deposit, reach out in writing to inquire about the delay before seeking legal advice in case it was an oversight on the Landlord’s part.
My landlord evicted me, do I still get my deposit back?
It depends on the circumstances surrounding the eviction. If the eviction was for the non-payment of rent, the landlord may keep the deposit and apply it to the arrears depending on the expressed or implied terms of the agreement. If the eviction is due to damage to the property, the landlord can keep the deposit as well in the amount of the repair costs for any agreed damage. If no monies are owed and the premises were left without any damage, you are entitled to a full refund of your security deposit.
There was no damage to the property and no rent is owed, but my landlord is refusing to refund the deposit. What can I do?
Seek legal advice about the options available to you based on your specific lease or rental agreement. One of those options may be to apply to the Petty Civil Court Division of the District (formerly Magistrates') Court for your area for a "summons" to be taken out against the landlord. The claim cannot be valued at over Fifty Thousand Dollars ($50,000.00). This will initiate a Court action where an attached District Judge will attempt to resolve the dispute.
Submitted By:
Elise Marcelle
Legal Officer
Civil Legal Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email:
Website: www.laaa.org.tt
This article is for informational purposes only. Consult an Attorney-at-Law for legal issues.
