How do I go about getting my security deposit back? 9 Answers as of August 22, 2011I moved out of the house that I was renting with 4 other roommates. I was the first to move out and the others moved within the next week or so. that was back in may and it is now August. None of us have heard from the landlord about getting our security deposit back or have received any type of itemized list for repairs. I have repeatedly tried to get in contact with the landlord and have even called his workplace looking for a phone number that I may not have. His secretary informed me that both the cell phone number I have and the email address are correct. Also he has not gone on vacation or been out of the office for any length of time. this landlord knows all of our current addresses as well as emails and cell phone. How do I go about getting my security deposit back?
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
If it has been more than 30 days apparently since the lease ended and the last tenant moved out, and there are no damages to the property, then if you file suit before the Magisterial District Judge where the apartment is located, you may well be entitled to double the amount of your security deposit.
Answer Applies to: Pennsylvania
Law Office of Tadd Dietz, PLLC | Tadd Dietz
Under Utah law tenants are entitled to a return of or an explanation why the security deposit is being retained at the end of the tenancy. See Utah Code Section 57-17-1. If a landlord is claiming that part or all of the security deposit is non-refundable, it must be written in the lease agreement. See Utah Code Section 57-17-2. A landlord is also entitled to deduct certain costs from a security deposit such as unpaid rent, damages beyond reasonable wear and tear, cleaning, and other damages authorized under the lease agreement. See Utah Code Section 57-17-3. At the end of the tenancy the landlord is obligated to refund the security deposit (or any balance remaining after authorized deductions), and/or itemization of any deductions. The landlord is obligated to deliver/mail the security deposit and/or itemization "within 30 days after termination of the tenancy or within 15 days after receipt of the renter's new mailing address, whichever is later." See Utah Code Section 57-17-3. If the tenant provided the landlord with notice of the new address within 30 days of the termination of the lease and the landlord still failed to comply with theses obligations in bad faith, the renter may be able to "recover the full deposit, a civil penalty of $100, and court costs." See Utah Code Section 57-17-5.
Answer Applies to: Utah
Frances R. Johnson | Frances R. Johnson
Send a certified letter, return receipt formally requesting for your deposit to be returned. If you don't receive a response within a reasonable amount of time, you can either hire an attorney to file a suit for you, or file one yourself depending upon the amount of money owed (small claims court handles lawsuits for amounts less than $5,000 and an attorney cannot represent you in small claims court). Keep in mind that if the landlord has not returned the landlord to you or your roomates and you have an attorney file a lawsuit, you're entitled to receive reasonable attorney fees and possibly treble (multiple) damages if you win.
Answer Applies to: Colorado
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
Under the Landlord-Tenant Law of Alabama the landlord after being notified should return the deposit or an accounting of the money being withheld and the reason for doing so within 35 days. After 35 days the landlord if he has not done so may be liable for triple the amount of the deposit and the attorney's fees to collect the deposit. Best advice is see a lawyer.
Answer Applies to: Alabama
Law Office of Neal L. Weinstein | Neal L. Weinstein
From what you are stating, the landlord has violated Maine law and you are now entitled to your security deposit. You need to send the landlord a notice of intent to bring suit to recover your security deposit, but it has to be by mail, not email or voicemail, and then you could get double plus attorney's fees if it is still not returned in accordance with the statute. You must comply with the notice requirement in the statute however. Best advice: Hire an attorney and take her to small claims court. Check out Pine Tree Legal for forms and other info.
Answer Applies to: Maine