What is typically a requirement for a landlord before retaining a security deposit?

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A written lease agreement is typically a requirement for a landlord before retaining a security deposit because it clearly outlines the terms and conditions of the rental arrangement, including provisions regarding the security deposit itself. This document serves as a legal basis for both the landlord and tenant, detailing what the security deposit covers, the conditions under which it can be withheld, and the process for its return after the lease term ends. A written lease ensures that there is mutual understanding and agreement on the responsibilities related to the security deposit, thereby minimizing disputes and establishing legal protections for both parties.

While an inspection report, default payment history, and emergency contact information may be relevant in different contexts of property management, they do not serve as primary requirements for retaining a security deposit. The inspection report could help in determining the condition of the property and any potential deductions from the deposit, but without a written lease agreement that stipulates the security deposit terms, the landlord lacks the foundational legal documentation to justify retaining the deposit in the first place.

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