Your Meanie Landlord Will Not Return Your Security Deposit? Here’s What You Need To Do.
One of my biggest pet peeves is a landlord who makes a habit of failing to return security deposits, hoping the former tenants will just get tired of asking for them and go away. This happens all the time, and really, to me it’s the equivalent of stealing. In fact, I recently moved my law office to a different building, and my former landlord ignored my repeated email requests to return my security deposit. It wasn’t until I sent him a certified letter with the “magic language” that must be included per Texas law in a security deposit demand letter that he sent me a check for my full deposit within 5 days. That experience was a shining example of how simply knowing your legal rights and how to assert them can put real money in your pocket…without having to hire a lawyer.
So here’s the skinny on how to go after your residential security deposit like a boss.
In most states, landlords are required to return your security deposit within a set period of time after you move out — often between 14 and 30 days — and many states require you to provide a forwarding address in writing.
Landlords may deduct from the deposit for damage beyond normal wear and tear, but they cannot charge you for ordinary aging, faded paint, or worn carpet.
If any portion of the deposit is withheld, landlords are generally required to provide a written, itemized explanation of the deductions.
If a landlord fails to follow these rules, tenants may be able to sue in small claims court and recover the deposit — and in some states, additional statutory damages (like 2x or 3x the amount of your deposit) and attorney’s fees.
Now, as a renter, it’s not only important to know the drill for how to get your security deposit returned, but it’s equally important to know this: If something breaks at your apartment and your landlord either refuses to pay it or takes too long and you have it fixed yourself, you cannot (I repeat, c-a-n-n-o-t) deduct the costs of those repairs from your rent check. It’s the ol’ adage “two wrongs don’t make a right.” If you deduct your out-of-pocket costs from that month’s rent check, you have just breached your lease, and your landlord can withhold the amount you deducted from your security deposit and start eviction proceedings against you. Snap! So, no matter what, always pay your full rent if you are living there and know that you have to sue your landlord in small claims court. Go ahead and tack your repair costs onto the security deposit lawsuit if you’re still waiting on that.
Share this post with anyone you know who currently rents or may rent in the future! Because not knowing how to assert your legal rights is pretty much the same as not having them.
