If A Portion Of The Deposit Is Demed NON-REFUNDABLE Does It Have To Be Returned To The Tenant (no Matter The Condition Of The Property At Final Walk-thru -good Or Bad)?

Well, Unfortunately the amount that has been deemed as Non-refundable in your lease does not have to be returned by the Landlord. If it is on the lease that means you agreed to it at the time of sign of lease, now you can not ask it back even if you get the repairs done.

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Don't know where you live or what the laws are either but if you live in the UK there is no such thing. Any deposit given to landlord has to be deposited in a bank account and left there by law. Once you give up the tenancy an independent inspection of the property is carried out with you and a landlords representative, to determine if any cleaning or repairs are required - don't forget there are life times allocated to furniture and carpets etc, so if they are over a certain age and you rent the property with these included it is the landlord responsibility to replace them to yours and he cannot charge you either. If you agree to cleaning and repairs these can either be paid from the deposit OR you can pay for it yourself and get a full refund. Providing you hand back all you key's and any copies, you cannot be charged for replacement of locks, if these are replaced by the landlord or at his instruction it is for him to pay.

Should the landlord refuse to repay your deposit you can take him to the small claims court as he is not allowed to withhold the money, especially if the property was handed back with no agreed charges to you - so you may get back more than the deposit as he is breaking the law.

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