Can the tenant waive the security deposit laws?

The laws regarding security deposits may not be waived. Any oral or written provision attempting to waive any part of the security deposit laws is against the public policy and void. For example, a common attempt to make a tenant waive the security deposit law is to place a restrictive endorsement on the back of a check from the landlord returning a portion of the security deposit. 

The restriction might state that by cashing the check the tenant relieves the landlord from any further responsibility for the withheld portion of the security deposit. This type of restriction is not valid. A tenant can cash the returned security deposit check and not be bound by the restrictive statement on the back of the check.

Show All Answers

1. What is a security deposit?
2. For what reasons may the landlord keep the security deposit?
3. How much is the security deposit?
4. Must the landlord hold the security deposit in a special account?
5. When is the tenant entitled to a return of the security deposit?
6. How can the tenant prove the condition of the unit?
7. What steps should the landlord take to keep or return the security deposit?
8. What if the landlord fails to return the deposit?
9. Can the tenant waive the security deposit laws?
10. How much time does a tenant have to bring an action for failure to return deposit?
11. What happens to the security deposit when the landlord transfers ownership of the unit?