What to Do if Your Landlord Has Not Returned Your Security Deposit

Once everything is moved out, and the apartment is clean, a tenant would anticipate receiving a returned security deposit. Rather it was $100 or $500, receiving the security deposit back from the landlord is customary, granted the apartment is left clean with no damages. Once you have turned over the keys and received a passing report from the landlord during the walk through, a refund can be expected.

Thirty Day Return Policy

While some landlords might give the deposit back on the day you move out, it is not required. By law, a landlord has 30 days to return a security deposit. The amount does not automatically equal the amount placed as the deposit. Generally, carpet cleaning fees will be deducted and if keys aren’t returned, replacement costs may be deducted as well. By providing a new forwarding address to the landlord, he will be able to mail a check to you, minus any funds for repair. When doing the final walk-through, take pictures on a camera that has the date stamped into the images. Also, snap one of the landlord looking at the apartment. Even though you are moving out, keep a copy of the lease. If, for some reason, you do not get your deposit back, all of these items will be a big help when you take him to court. The more evidence, the better.

Thirty One Days and Counting

If thirty days have passed and you have not received a check, then it is time to place a courteous reminder phone call to the landlord. It might have been an oversight. It is possible that the landlord misplaced your new address, or that he simply forgot about the money owed. Hopefully making one phone call to the landlord will be sufficient and the problem will be rectified.

When A Phone Call Isn’t Enough

If you still do not receive a check from the landlord, and a week has gone by since the call, call him again. Explain to him that you still did not receive the check and that you would like to meet him and receive cash from him. That you just want the money owed to you, and that you don’t want to wait any longer. Staying calm and polite is the best way to handle yourself in this situation. If he refuses to meet with your or will not take your calls, then you have one final step.

File A Claim in Small Claims Court

This is the last resort. The landlord has refused to return the money owed and you have no choice but to take him to court. Go to your local county courthouse and they can give you a form to fill out that will start the court hearings. It might be a lengthy process, but should be worth the outcome. On the day of court, be sure to have all the above mentioned evidence as well as any voice mail or email from the landlord that can further prove your case.

The Security Deposit is not free money gifted to the landlord. They are required by law to return the money. They are allowed to withhold a reasonable amount for carpet cleaning and such, but only if they cleaned the carpets before you moved in. Don’t be afraid to fight for your money.