Getting Security Deposit Back
The security deposit is meant to recover the financial loss or damage occurred to a landlord due to tenant’s fault. Of course the landlord cannot keep back your security deposit for regular wearing away of certain items like carpet, chipped paint, worn out furnish on a wooden floor and discolored painting. Also, in circumstances where the apartment or the house you have rented gets damaged by some natural means like fire, storm, floods or a gangster, then you need to inform the landlord immediately. And, also keep the police informed. The landlord then cannot charge the tenant for the repairs or deduct money from the security deposit.
If there are no damages reported and there are no pending rentals then the landlord is supposed to return back the entire security deposit to the tenant after the lease agreement terminates. The tenant must ask for the return of the security deposit from the landlord in a written letter well in advance so, that landlord has sufficient time in hand to react. The letter must contain the new contact details of the tenant. Ideally in a written lease a landlord is supposed to return back the deposit within 30 days.
In an instance where the tenant is staying with no written lease agreement, then the landlord should return the security deposit or send a written notification within 21 days after the tenant has left the house and returned the keys.
If a landlord fails to return the deposit within the specified time period, then a tenant has the right to follow some actions.
The tenant has to initiate a request in a request for return of security deposit and send it to the landlord using a certified mail. Wait for 7 to 10 days for the landlord to return the deposit if still he fails then you can sue him in the small claim courts.
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