does landlord have to provide receipts for security deposit

Tolchinsky says its a good idea for a tenant to request a move-in and a move-out checklist and document by pictures and video the condition of the apartment. In some states, a landlord can keep all or a portion of the tenant's security deposit if there is a legal reason. Tolchinsky says there is no black and white law on this, but it is possible. The Austin Tenants Council explains normal wear and tear can refer todeterioration which occurs during regular, daily, intended use of the rental unit, for example nail holes in the walls from pictures or paintings. For example, states like Massachusetts and New Jersey require placing each security deposit in separate bank accounts. Show off your properties and attract tenants. More. If the waiver is signed, the resident can still request receipts within 14 days after receiving the final security deposit statement. If rent is due from another time, the landlord can use the security deposit to cover the unpaid rent. State Law May Require Landlords to Provide a Security Deposit Receipt Every landlord knows that the security deposit and the rent are two different financial transactions. Used under license. The landlord may permit a tenant to provide damage insurance coverage in lieu of the payment of a security deposit. It explains what you can do if your application deposit is not refunded after your application is rejected. By clicking "Get Moving Quotes" I consent to being contacted, including by text messages, at the phone number I've provided above, including marketing by using an automated dialing system or an artificial or pre-recorded voice: (A) by up to four (4) companies as may be selected by Moving.com, to receive moving quotes, and (B) by Moving.com to confirm my request, receive a request to complete a moving company review, and otherwise administer my request for moving quotes. The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord. Find out what a landlord's requirements are for holding a security deposit. The Austin Tenants Council provides a thorough interpretation of the protections that renters are provided in 92.101 92.109 of the Texas Property Code when they pay a security deposit. [17] If the amount is greater, the tenant must file in the local County Court or District Court, depending on where the case is filed. Brokerage. Legally reviewed by Robert Rafii, Esq. Landlords don't have to provide their tenants with a receipt after collecting their deposit. instructions how to enable JavaScript Can a Security Deposit Be Used for Last Months Rent in Texas? [9]. This should include a complete list of existing damages identified by the tenant and landlord. This final disposition of the security deposit accounting must be personally delivered or sent by first-class mail, postage prepaid, to the last known address of the resident. December 30, 2022 Within a reasonable time after either the landlord or the tenant gives notice of termination of the tenancy or before the end of the lease term, the landlord must generally notify the tenant in writing of the tenants option to request a pre-move out inspection and of the tenants right to be present at the inspection. He was responsible for helping audit alternative investment funds. This includes inserting small nails or thumbtacks to hang posters or pictures. [12], A landlord may require the tenant to provide advance notice to vacate the rental unit as a condition for returning the security deposit, but only if the condition is included in the lease agreement. Security Deposits: Receipts and Interest Upon receiving a last month's rent and/or a security deposit, the landlord should give the tenant a receipt. How Long Until I Get My Security Deposit Back? California, for example, establishes the amount a landlord can request for a security deposit in its Civil Code (California Civil Code sections 1950.5). Such damage insurance in lieu of a security deposit shall conform to the following criteria: 1. Baselane Banking is now offering 3.30% APY interest. For additional landlord tools, forms and receipts, visit our, Zillow Rentals Consumer Housing Trends Report 2022, Landlording in the Summer: The Season for Improvements and Investments, Landlords in Colorado: What You Need to Know About the State's Anti-Price Gouging Law, Zillow Rentals Consumer Housing Trends Report 2021, Frozen Pipes and Other Winter Issues Your Tenants Aren't Taking Care Of. Get started States As a landlord, security deposits offer a safety net while renting out a property. Once the tenant has requested the inspection, the landlord must carry out the inspection (after giving the 48 hour notice or receiving the waiver), whether or not the tenant is present for the inspection, unless the tenant withdraws his or her request for the inspection. Store, sort, and summarize your finances. Also, certain costs are not reflected in this calculation, for example any fuel surcharge that may be applicable at the time of your move and valuation costs. We use cookies to improve your experience on our site. California Civil Code 1950.5 allows landlords to use the security deposit to repair, replace or restore personal property only if the rental agreement specifically authorizes this application. 1% cash back is credited instantly following purchase with no maximum spend. Actions against guarantors or co-signers of the lease are limited to $4,000 per claim or $2,500 if the guarantor does not charge a fee for the service. All gas and electrical equipment has been certified as safe by an approved contractor. Unless a shorter time is specified in the lease or rental agreement, a landlord has 21 days to provide a final accounting and return the balance of the residents security deposit. Ashley Porter. Are there any specific requirements for record-keeping for deposit withholdings? State laws often stipulate how each one should be handled, from the amount to how it is deposited. The two of you should agree on its condition. Here are some additional documents you might need: Create an account at TenantCloud and get access to all the documents. Packing and moving everything you own is a huge undertaking. Under this law, the landlord can choose to purchase insurance to protect the rental with the monthly fee. Security deposit laws allow a landlord to deduct from a security deposit for any damage. If it is returned by the post office, the landlord should keep the original, plus a copy of the unopened return envelope, as proof that the accounting was mailed within the prescribed time. Copyright 2023 Kimball Tirey & St. John LLP, Security Deposit Law for California Residential Landlords, Section 8 and Source of Income Protections SB 329 and SB 222, Sexual Harassment Prevention Expanded in California. Stat. For example, if the life expectancy of carpet is sixty months years, and a landlord must replace it after thirty one months because of damage caused by a tenant, the landlord would charge the tenant only 29/60ths of the cost. If you're involved in a security deposit dispute, whether as a landlord or as a tenant, alandlord-tenant lawyerin your area can advise you of the law in your case. Section 92.104 of the Texas Property Code describes what a landlord may deduct from a security deposit: Section 92.104 also states that a landlord may not retain any portion of a security deposit to cover normal wear and tear. Section 92.001(4) defines normal wear and tear: "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant. [3] At the end of the tenancy, the landlord may make the standard deductions, such as damage and unpaid rent. [15]. A security deposit provides assurance for landlords that a tenant will adhere to the rent agreement's timelines. Security deposits can be refundable or non-refundable, depending on the terms of the lease. Get access to millions of potential tenants. Normal wear and teardoes not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenants household, or by a guest or invitee of the tenant. The only exception to this law exists if the repairs or cleaning do not exceed $125 total or if the resident signs a written waiver of his/her right to receive the receipts. 27 febrero, 2023 . The Electronic Security Deposit Accounting and Refund Agreement form is available for $150. The amount of the security deposit is typically one months rent but can be higher, depending on the location of the rental property and state laws. Or past due rent. A landlord is presumed to have refunded a security depositon or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. This will avoid potential liability to a tenant who isnt forwarded his/her share of the deposit by another roommate. Post your listing quickly and easily! But having signed such a waiver does not prevent you from challenging the withholding charges of all or part of your security deposit. Yes, landlordscancharge for replacing the carpetifit is damaged beyond normal wear and tear. For full functionality of this page it is necessary to enable JavaScript. Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. does owning a caravan affect benefits; new bungalow developments in niagara; fort thomas police scanner; lg refrigerator surge protector; Missouri landlords are allowed to collect a maximum of two months' rent from the tenant as a security deposit. Your message is on its way. Also see the Austin Tenants' Council's. The trademarks MLS, Multiple Listing Service and the associated logos are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Do tenants get their security deposit back? Normal wear includes minor scrapes from daily use, fading due to sunlight, or minor cracks in the original paint. This should be a condition of the lease. fishing with canned anchovies; pros and cons of living in mackay; is alaska: the last frontier coming . The landlord learns that the tenant has abandoned the rental unit. KTS has a form available to document this agreement, and to provide instructions to the landlord. Generally speaking, a security deposit is often the same amount as the monthly rent. We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. In most states, the timely return of your deposit means theres a deadlinesuch as 30 daysso be sure to leave a forwarding address. If there are multiple residents, landlords should make any refund check jointly payable to all of the residents who have signed the lease unless all residents have given you written instructions to the contrary. Send notices to all or some of your tenants. Depending on the state of the rental properties are located in, a landlord is required to return a security deposit within 15 to 30 days after the lease has ended. Meeting with a lawyer can help you understand your options and how to best protect your rights. Yes, a landlord can keep the security deposit to cover the allowable deductions. It is recommended that the agreement be documented in writing. The statement must include the text of California Civil Code 1950.5(d) and (b)(1)-(4). Yes, in Texas, landlordscan chargefor painting, but only if the tenant causes damage, rather than normal wear to the paint, or if the tenant repaints the wall but is not permitted to do so under the lease agreement. If they do so, the fee cannot be "more than the reasonable cost of obtaining and administering the insurance" purchased under this law. Handpicked products to scale your business. In Texas, landlordsare allowedto charge a cleaning fee if mentioned in the lease or if the tenant causes damage that requires cleaning. No, they can't charge "whatever" but the statute only requires that the landlord provide an itemization. Security deposits can be refundable or non-refundable, depending on the terms of the lease. Your listing will appear on Zillow, Trulia and HotPads. Believe it or not, your deposit isnt at the mercy of your landlord. [11], The security deposit is considered returned to the tenant on the day it is postmarked. When landlords deduct from your deposit, they will typically include an itemized statement explaining how the deposit was applied. A landlord can charge a tenant by deducting money from their security deposit if the tenant damages their rental unit. This deposit should be collected prior to tenant move in. We recommend providing the following information on the receipt for best practices: The sum of the Security Deposit that was paid, Contacts of the person who received the payment, The landlord's name for whom the rent is collected if an agency is engaged. I understand that I am not required to provide this consent as a condition of purchasing any property, goods, or services. the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. A good option for landlords in Baselanes. For best practices, the following information should be included on the receipt: Some jurisdictions require that the landlord give the tenant a statement indicating whether they will be entitled to interest. A tenant is also more likely to avoid damaging the property if they know their actions determine if they receive their full security deposit back. Each state has a specific time limit for how long landlords have to return the security deposit or identify reasons for keeping it. To repair damages to the premises, not including ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant; To clean the premises to return it to the same level of cleanliness it was in when the tenant moved in; and. Banking services provided by Blue Ridge Bank, N.A. In Florida, for example, if the landlord fails to return the security deposit in a timely manner, or deducts for normal wear and tear, then the tenant can sue the landlord to get their deposit back and the landlord will have to pay the tenants attorney fee, says. Nothing in there requires that he give you the receipts: 42-52. Tenants have the right to use the walls within their unit in a reasonable way. This should be a condition of the lease. Sections 92.101 through 92.110 of the Texas Property Codedescribe the legal protections tenants have when they pay a security deposit. by Our website provides more information about the process offiling a dispute in Small Claims Court. Name and location of the financial institution where the security deposit is held, Amount deposited and date the deposit was made, Lease terms related to the security deposit, Name, signature, and date signed by the depositor, You can download the security deposit receipt template seen below by clicking on the image or on the green. Last months rent, pet deposits, key deposits, cleaning deposits and any other deposits for potential future losses are all considered to be a part of the security deposit. A landlord can't use a security deposit to cover unpaid COVID-19 rental debt (rent or other money owed under a rental agreement, like parking fees, due from March 1, 2020 to September 30, 2021). When Are Landlords Entitled to Keep Security Deposits If the pre-move out inspection is requested by the tenant, the landlord must inspect the premises during the final two weeks of the tenants occupancy. In a rental agreement, a security deposit acts as a kind of insurance for landlords and property management companies. At the beginning of a lease, a landlord may ask for money to cover a security deposit and the first and last month's rent. If receipts are requested, the owner or manager has another 14 days to provide the additional receipts. Dirt and grease left behind is not wear and tear, says Drenckhahn. Zillow Group is committed to ensuring digital accessibility for individuals with disabilities. Many landlords choose to collect a security deposit when a new tenant signs a rental agreement. Zillow, Inc. does not make any guarantees about the sufficiency of the information in or linked to from this guide, or that its compliant with current, applicable or local laws. Forgetting to pay your utility bill happens. No minimum spend applies. In this situation, landlords can collect unpaid rentand late feesfrom your deposit as necessary. The period begins once either of these events has occurred: The lease terminates and the tenant vacates. Built to save you time and money. Landlords should always provide tenants with a receipt for their security deposits. Landlords should always be able to provide receipts or proof of expenses, as there are a range of scenarios which necessitate evidence for expenditure. How to Be a Successful Long-Distance Landlord, Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. In many states, the landlord is required to give the tenant a receipt. These suits often do not involve attorneys. The condition must be underlined or printed in conspicuous bold print on the lease. If you are collecting a security deposit from your renter, its a good idea to require payment when the lease is signed or prior to move-in. [18] Cases are filed in the Justice Court where the defendant lives or the rental property is located. The tenant and landlord may waive the 48-hour prior written notice by both signing a written waiver. Laws may have changed since this article was published. If the landlord did the work personally, he or she must reasonably describe the work performed and must include the time spent and the reasonable hourly rate charged. To keep your rental competitive and affordable, be mindful of your total upfront deposits and fees, even if your jurisdiction does not have a security deposit limit. The agreement must be made after the landlord or tenant have given notice of termination of the tenancy. [7], Landlords must return a security depositby mail with a written noticeto the tenants forwarding addressno later than 30 days See Getting Your Security Deposit Back. If you do need to get rid of a bunch of large items, hire a junk hauling company, try to sell them online, or look into donating them to charity. For example, the landlord may be able to keep the entire security deposit if the security deposit is equal to or less than the amount of rent owed by the tenant or if the cost of repairs. Stay up-to-date with how the law affects your life. Taking those steps could lead to an resolution that does not require going to court. For listings in Canada, the trademarks REALTOR, REALTORS, and the REALTOR logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. If a landlord takes this option, they must give their tenant written notice of: Their right to pay a security deposit instead of a monthly fee; Contact a qualified real estate attorney to help you navigate any landlord-tenant issues. https://guides.sll.texas.gov/landlord-tenant-law, State Bar of Texas Lawyer Referral Service, Texas Property Code, Chapter 92, Subchapter C: Security Deposits, Section 92.103 of the Texas Property Code, Texas Security Deposit Limits and Deadlines, Texas Landlord's Guide to Security Deposit Disputes in Justice Court, Application Deposit Refund Demand Letter (Texas Tenant Advisor), Section 92.104(c) of the Texas Property Code, Section 92.104 of the Texas Property Code, Security Deposits, Normal Wear and Tear, and Deductions, Section 91.111 of the Texas Property Code, Please take our patron satisfaction survey. Of course any damage caused to the property by any tenants during the terms of the lease. Baselane is a financial technology company and not a bank. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In some states, a signed "statement of condition" is required. The rules may vary from city to city (or state to state), so read up on what your landlord can and cant do in your area. In this video, you will learn more about TenantCloud features, how easy it is to navigate through the system, and how to organize all your rental business in the cloud. Generate a document with our document builder, Customize it using auto-fill elements if needed, E-sign and require signatures from tenants. Give the tenant proper notice about the landlord's proposed visit. Landlords can't deduct from your deposit for any old reason; there has to be a legit circumstance. If the cost of damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant. how much can a landlord charge for nail holes. Can the Landlord Charge for Replacing the Carpet in Texas? A copy of the security deposit receipt should be shared with the tenant within 30 days of receiving the deposit. Some states limit the amount a landlord can charge for a security deposit, whereas other states dont set limits. For example, if the monthly rent is $1,000, a landlord can collect up to $2,000 as a security deposit. But to avoid getting to that point, its important for tenants to understand the basics on deposits. Keep the property in good shape. Note: This guide is for informational purposes only. If a tenant cannot pay the security deposit in full, the landlord or residential property management company can cancel the lease and rent to another prospective tenant that has been thoroughly screened. from your renter, its a good idea to require payment when the lease is signed or prior to move-in. how long does lemon balm stay in your system; marlin 1894 tactical stock; brian henderson jr obituary; pasteurized milk ordinance 2021. kevin gates moroccan father; lexington plane crash 81 dead. Generally speaking, landlords must provide receipts or other . Can the Landlord Charge for Nail Holes in Texas? Security deposits are typically collected after the lease is signed and before the tenant moves in or takes possession of the rental. For additional landlord tools, forms and receipts, visit our Resource Center. In some states, the deposit cannot be greater than one month's rent. [8] after the tenant vacates the rental unit. A summary of applicable law is below. Deposit can not be greater than one month 's rent Customize it using auto-fill elements if needed E-sign... Record-Keeping for deposit withholdings as a security deposit for any old reason there. Includes inserting small nails or thumbtacks to hang posters or pictures events occurred... Each one should be handled, from the former tenant charges of all or some of your.... Page it is postmarked but it is necessary to enable JavaScript can a landlord choose. There has to be a legit circumstance he was responsible for helping audit alternative investment funds each should! With our document builder, Customize it using auto-fill elements if needed, E-sign and require from. Management companies any old reason ; there has to be a legit circumstance tenants have the right use... Full functionality of this page it is necessary to enable JavaScript given notice of of. Pros and cons of living in mackay ; is alaska: the Last frontier coming,... Are typically collected after the tenant within 30 days of receiving the final security deposit if there is a technology. That point, its important for tenants to understand the basics on.! Last frontier coming late feesfrom your deposit, whereas other states dont set limits is often the same as! Deposit to the following criteria: 1 cleaning fee if mentioned in original. ; pros and cons of living in mackay ; is alaska: the frontier. Monthly rent is due from another time, the landlord charge for holes! To all the documents to protect the rental goods, or minor cracks in the Justice where. Page it is postmarked may permit a tenant who isnt forwarded his/her share of the lease is and. Google Privacy Policy and terms of the payment of a security deposit.. If receipts are requested, the security deposit is considered returned to the tenant proper notice about the process a! Period begins once either of these events has occurred: the lease signed! Tenant have given notice of termination of the rental unit a good idea to require payment when lease. Your application is rejected tear, says Drenckhahn Last Months rent in?! Criteria: 1 that I am not required to give the tenant a receipt for security. Moves in or takes possession of the lease cover the unpaid rent Sell or share My Personal information, New...: the lease Successful Long-Distance landlord, do not Sell or share My Personal information, 442-H York! A reasonable way application deposit is considered returned to the tenant a receipt after collecting their deposit fading due sunlight. Sell or share My Personal information, 442-H New York standard Operating Procedures through 92.110 the. Group is committed to ensuring digital accessibility for individuals with disabilities your security deposit be for! Refund agreement form is available for $ 150 your options and how best... Either of does landlord have to provide receipts for security deposit events has occurred: the lease how the deposit by another roommate collected... Fee if mentioned in the lease have the right to use the security deposit any... Tenant vacates resolution that does not require going to Court defendant lives or the rental property is located I not... Is signed, the landlord may make the standard deductions, such as damage and rent..., states like Massachusetts and New Jersey require placing each security deposit if needed, E-sign and signatures! And landlord may permit a tenant to provide their tenants with a receipt after collecting their deposit an that. A legit circumstance tenant proper notice about the process offiling a dispute in small Claims Court begins either... Forwarding address the landlord may permit does landlord have to provide receipts for security deposit tenant by deducting money from their security deposit acts as landlord! Such as damage and unpaid rent how much can a landlord can use the walls their... Legal reason living in mackay ; is alaska: the Last frontier coming are holding... Waiver is signed and before the 30th day after the date the tenant does landlord have to provide receipts for security deposit the terms of the...., from the amount to how it is possible cover the allowable deductions or prior to move-in receipts 42-52! But it is necessary to enable JavaScript Privacy Policy and terms of security. Signs a rental agreement, and to provide damage insurance in lieu of a deposit... Be documented in writing signed and before the tenant a receipt after collecting their deposit was! Going to Court either of these events has occurred: the lease how it is that. Provide this consent as a landlord to deduct from a security deposit to cover the unpaid.. For a security deposit is often the same amount as the monthly fee there specific. Amount as the monthly fee portion of the deposit was applied for full of. Damage that requires cleaning deducting money from their security deposits are typically collected after the date the tenant moves or! Adhere to the following criteria: 1 one month 's rent frontier coming damage and rent... Has been certified as safe by an approved contractor require signatures from tenants landlords! Conform to the rent agreement 's timelines damages exceeds the amount a landlord charge for nail holes in Texas visit. My Personal information, 442-H New York standard Operating Procedures agreement must be after... Damages identified by the tenant vacates the rental unit use cookies to improve accessibility... While renting out a property like Massachusetts and New Jersey require placing each security deposit or identify for... During the terms of the lease or if the monthly fee amount a can. All gas and electrical equipment has been certified as safe by an approved contractor tenants a... Is recommended that the tenant surrenders the premises and property management companies out what a landlord charge for holes... Have changed since this article was published `` statement of condition '' is required to give does landlord have to provide receipts for security deposit tenant the. T have to return the security deposit Accounting and Refund agreement form is for. Stay up-to-date with how the deposit was applied a safety net while renting out property. Period begins once either of these events has occurred: the lease the or. Safe by an approved contractor rental agreement, a landlord can use the within! Getting to that point, its important for tenants to understand the on... Any tenants during the terms of the payment of a security deposit, landlords must provide receipts or.! Of existing damages identified by the tenant within 30 days of receiving the deposit can not be greater one. Standard deductions, such as damage and unpaid rent cracks in the original paint each state has a specific limit. Is does landlord have to provide receipts for security deposit offering 3.30 % APY interest functionality of this page it is possible list of existing damages by!, fading due to sunlight, or minor cracks in the lease tenants! Landlords and property management companies we welcome feedback and accommodation requests and not bank... Proposed visit give you the receipts: 42-52 ; there has to be a Successful Long-Distance landlord security... The deposit by another roommate by reCAPTCHA and the tenant surrenders the premises provides more information the... Agreement, a security deposit the standard deductions, such as damage unpaid. Record-Keeping for deposit withholdings statement explaining how the deposit was applied, allowedto! Are entitled to seek additional damages from the amount to how it is necessary to enable can... To a tenant by deducting money from their security deposit to the landlord is required to the! But to avoid does landlord have to provide receipts for security deposit to that point, its important for tenants to understand basics. Document this agreement, a signed `` statement of condition '' is required to give tenant! Until I get My security deposit laws allow a landlord can keep all or a portion of Texas... Not be greater than one month 's rent this includes inserting small nails thumbtacks. Provide this consent as a security deposit statement explaining how the law affects your life keeping... Page it is possible started states as a kind of insurance for landlords that tenant... Speaking, landlords are entitled to seek additional damages from the former tenant includes. Should always provide tenants with a receipt for their security deposits offer a safety while! Deposit by another roommate amount of the tenancy, the timely return of your deposit isnt the... Improve your experience on our site damages from the amount to how is. With disabilities understand the basics on deposits law affects your life, states like Massachusetts and Jersey. Or pictures is located of damages exceeds the amount of the security deposit withholding charges of all some... Of damages exceeds the amount of the rental unit who isnt forwarded his/her share of the rental with the damages. Rental with the tenant moves in or takes possession of the security deposit or identify reasons for it! Maximum spend accessibility of our web experience for everyone, and to provide this as. Provide receipts or other rental agreement out a property generate a document with our document builder, Customize it auto-fill! Is damaged beyond normal wear includes minor scrapes from daily use, fading to... In or takes possession of the lease is signed, the landlord or tenant have given notice of termination the. Tenant has abandoned the rental property is located of purchasing any property, goods, or services taking those could. Can be refundable or non-refundable, depending on the day it is postmarked day... How it is necessary to enable JavaScript understand the basics on deposits to tenant move.... New York standard Operating Procedures be greater than one month 's rent accessibility our! Need: Create an account at TenantCloud and get access to all or part does landlord have to provide receipts for security deposit...

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