What can I do if it’s been almost 2 months and an apartment complex refused to return my deposit? 4 Answers as of September 12, 2013

My application was denied and their policy is to wait at least 1 month. I have called and spoken with the manager often. She keeps telling me my check is in the mail.

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Law Office of Tadd Dietz, PLLC
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. 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
Replied: 9/12/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Sue in small claims court.
Answer Applies to: New York
Replied: 9/12/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Sue in small claims court.
Answer Applies to: Idaho
Replied: 9/12/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
You may need to contact an attorney and pursue a claim. Deposits must be returned or otherwise accounted for within 14 days of move out. If you never moved in and the deposit was merely a holding deposit, then the 14-days might not necessarily apply, but 2 months is not necessarily reasonable either.
Answer Applies to: Washington
Replied: 9/12/2013
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