How do I take my landlord to court for not refunding my security deposit? 7 Answers as of July 09, 2013My landlord refused to refund my security deposit even though he rented out my apartment within 8 days. I cleaned it thoroughly top to bottom left in good standing. He will not talk to me and it's been 6 weeks.
Law Office of Tadd Dietz | 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. this information does not constitute legal advice. If you are seeking legal advice regarding the specific facts of your case consult an attorney.
Answer Applies to: Utah
The Coyle Law Office | T. Andrew Coyle
You may have to file a small claims case against the landlord. There are several statutes that provide rules on landlords and how they handle security deposits - you should be able to find those through a google search.
Answer Applies to: Illinois
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
You go to the local Magistrate in the area where the apt. was located and file a Breach of Contract suit and ask for Double Damages plus reimbursement of your filing fee.
Answer Applies to: Pennsylvania
Law Offices of Steven A. Fink | Steven Alan Fink
File a small claims action against him for violation of Civil Code Section 1950.5 He is required to refund it within 21 days less repair costs that are itemized. If he does not you are entitled to twice the amount of the deposit as damages.
Answer Applies to: California