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What to do When a Landlord Will Not Return a Security Deposit
You paid your rent on time each month. You took good care of the apartment. You did your best to thoroughly clean the apartment before you moved out. You caused no damage. You paid all associated bills. And yet here you are anyway, months later still waiting for the return of your security deposit. What are your options when a landlord will not return your security deposit?
Please note that this post is very general in nature. If appropriate, you should seek out a lawyer or other appropriate professional to determine what the laws are where you live. This post will provide an overview of some options a tenant has when a landlord will not return a security deposit.
Return of the Security Deposit – Timing
Some jurisdictions are more “pro-tenant” and others are more “pro-landlord.” Most jurisdictions, however, have laws protecting the return of your security deposit. Some research or a meeting with an attorney should provide information as to how long a landlord has to return a security deposit. If more than a month has passed, then it may be time to start questioning the status of the return of your security deposit. As with any possible legal matter, it is a good idea to learn about the statute of limitations.
Contacting the Landlord
One preliminary action is to reach out to your landlord or their representative to check on the status of the security deposit. Perhaps there has simply been an oversight on their part. Make sure you have provided your former landlord with your new address so the security deposit can be mailed to your new home.
Once you contact the landlord, you should have a general idea of the landlord’s position. If more time passes by without the return of the security deposit, then it may be a good idea to write a letter addressing the issue. This will put the issue “in writing”, which may be useful later on.
“Treble Damages”
Some jurisdictions have statutes providing for “treble damages” should a landlord not return a security deposit within a specific amount of time. This generally means that a landlord may be required by law to reimburse you 2x or 3x the amount of the outstanding security deposit if they fail to return the security deposit in a timely fashion. Again, the laws of just about every jurisdiction are different.
Security Deposit Has Been Returned But You Disagree With the Deductions
If the security deposit has been returned but you disagree with certain deductions, then you may want to research the statutory standards in your jurisdiction. For instance, some jurisdictions state that “normal wear and tear” cannot be deducted from a security deposit.
Return of Security Deposit – Legal Action
If it becomes clear your landlord has no intention of reimbursing you the outstanding security deposit monies, then you may need to consider whether to pursue legal action. A complaint for the return of a security deposit will, in many instances, be filed in your jurisdiction’s version of a “small claims” or “civil court.” You will also have to determine whether to hire an attorney or to pursue the action “pro se.” (Without an attorney).
Security Deposit Return – Additional Considerations
- Even if you win a case, it can sometimes be difficult to collect what a Court orders.
- It will likely cost money to file a complaint, even if you do not hire an attorney.
- Sometimes the filing of a court action may be sufficient to scare your former landlord into returning the outstanding security deposit monies.
- Google may provide some basic information on the landlord-tenant laws of your state. Again, you should determine whether to retain a lawyer or other appropriate professional.
Conclusion
As with any possible legal action, you will have to personally weigh the factors to determine the proper course of action for you. This may be done with or without legal representation. The security deposit money is meant to be your money held in escrow by a landlord. If you are entitled to the return of that money, then it is understandable that you would wish to pursue its return.
If you are in a state that awards treble damages and the landlord’s attorney contacts you, then you may consider negotiating with that attorney. If they guarantee a payment within the next two weeks you may consider waiving some of the “treble” damages due in order to insure there will be no collection issues. The “bird in hand” principle is a consideration.
Have you ever had problems with a landlord not returning a security deposit? What steps did you take to effectuate the return of the outstanding monies?
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Interesting article. I had no idea that landlords kept the deposits frequently!
Yeah, unfortunately it happens. And I’ve experienced first hand several times where a landlord has unjustly held a portion of my deposit. Thanks for stopping by Marie!
It’s also worth looking for a tenants rights group in your region, who will help you advocate for yourself and explain your rights to you.
Great idea SQ!
I have not been a renter for about 18 years. However, we had a similar experience (sort of) when we returned a lease car recently. They claimed there was ‘damage’ and billed us. I have no idea what they are talking about because we returned that car in pristine condition. Now we get daily hate mail about how we better pay what we owe. So frustrating.
Nice comprehensive article. I must say that the one time that I didn’t get my security deposit back (back way back in the mists of time when Shep was a pup) was when I was plainly irresponsible and didn’t clean up after myself. Lesson learned after that, I took care to ask the landlord to visit before moving out, and leaving the apartment neat and clean as a pin. No problems after that.
This was a good blog for me. I don’t know if I am lucky or unlucky to have lived next door to a house owned by my landlord as I saw her evict 4 tenants in the course of a year – one that had given a security deposit but had not moved in yet. She told me that she spent the deposit on the mortgage and that if people took her to court, she said let them sue me, they can’t get anything out of me. So when it was time for us to move, I tried to be smart and proactive. I brought gifts over and had gotten advice from property managers familiar with her to give her permission to use our security deposit for our last days with about $700 left over for her to clean, repair or use as a gift. We also found a replacement tenant that was willing to move in immediately. We did not pay. She then got a property manager who gave us a three day notice to pay. We were happy to have a property manager a neutral party do the walk through and return our security deposit. The property manager assured us that she had a 30 day contract and our landlord could not get out of it so we should pay for our last 16 days $800. We trusted her and two days before move out, the property manager said that our landlord’s attorney cancelled the contract and that she could no longer be involved. I do not trust our landlord to return the $1500 deposit. Today is our move out day. I have told her, after a heated conversation, that I will accept cash for keys. Otherwise, let her go through the process to get us out. We already have a new home, but there is a part of me that feels she has done this too many times to people and it is not right. Feedback is appreciated.
I BEEN TRYING FOR THE LAST TWO MONTH TO GET MY EX LANDLORD TO RETURN MY SECURITY DEPT . I TOLD HIM BY EMAIL THAT I WAS MOVING OUT THE END OF NOVEMBER . BUT HE NEVER HAD ME SIGN A LEASE ON THE SMALL APARTMENT WHEN I MOVED FROM THE BIG APARTMENT , IT TOOK 4MTHS TO GET A MICROWAVE , ALMOST A MONTH AFTER HURRICANE IRENE TO GET HOT WATER AND WHEN MY JOB CUT BACK I WENT TO HIM TO LET HIM KNOW WHAT WAS GOING ON , EVEN THOSE I DIDNT HAVE TO TELL HIM . I TRY EMAILING AND NO REPLY , SO I DONT REALLY KNOW WHERE TO GO FROM HERE IF ANYBODY HAS A SUGGEST ,