WHAT CAN I DO TO GET MY LANDLORD TO RETURN MY SECURITY DEPOSIT?
When does a landlord have to return my security deposit?
So you have moved out of your apartment, returned your keys and the landlord has not returned your security deposit. You believe that you left everything with only “normal wear and tear” and that you are entitled to your security deposit. While most landlords are good people and generally return security deposits there are many that routinely do not.
Every state has a specific time-frame for a landlord to return a security deposit. It ranges from 14 days to 60 days with most being around thirty days. In some states there are substantial penalties for landlords that wrongfully withhold security deposits.
Review your state laws to see exactly what a landlord may keep a security deposit for and what remedies you have under the law if he fails to return it. Landlord tenant law in almost every state clearly dictates the time frame for deposit return and under what circumstances it can be kept.
The first thing you need to do is send a Request Letter For Your Deposit by certified mail return receipt with a return address for your security deposit to be sent. This starts a paper trail that you may need later and a few states even require providing your landlord with a forwarding address before they have to return your security deposit. Go to the specific time-frame to see how long a landlord has to return your security deposit. Most states make a landlord also provide a list or itemization of damages with the return of any remaining security deposit. So make sure you also request an itemization of any damages the landlord is claiming. You want to draft a letter that is clear and concise and shows you know the law.
Wait out the prescribed time-frame to see if your landlord returns your security deposit. If not take the time and write one last letter, Security Demand Letter, and send by certified mail return receipt. In this letter you will tell the landlord that his time is up and if he does not respond within a short prescribed time frame you will be forced to take legal action. In some states if a landlord does not return your security deposit or an itemization of damages within a prescribed time-frame they lose their right to claim any damages and must return the full security deposit. Other states allow for treble (triple) damages when a landlord wrongfully withhold a security deposit. Most landlords will return your security deposit when they see that you know what the law is and you point out their potential liability for not returning your security deposit. For an an example of this letter go to HomeTitan.com.
If your landlord still refuses to return your security deposit you are now forced to take legal action. You have proof that you requested the return of your security deposit twice. Many times filing an action in small claims court, which you can do by yourself and which costs very little, will force a landlord to appear and defend any decision to not return your security deposit. There are additional measures you can take such as filing complaints with local authorities that will sometimes force a landlord to return your security deposit.
If your landlord does respond and sends an itemization/claims that you caused damage to the rental premises and refuses to return all or part of your security deposit and you believe these are not valid you must write another letter (Security Damage Claims Letter) challenging these claims. In a few states if you do not do this you lose your chance to challenge them.