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sxyhzleydgrl | How long can my landlord keep my security deposit? |
I gave the key to my landlord on the 17th and we did a walkthrough and that was done, now she is saying that it will take 3 to 4 weeks from today the 13th to get my security deposit back, because she had other things to do and my lease wasn't up til the first anyway. Shouldn't I get it back now? What should I do? |
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dragon_2000_13126
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I contacted Legal Aid and this is what they had to say:
The landlord has 30 days from the day you MOVE OUT to give you your security deposit back. They are the ones benefiting from you moving out early. If they fail to meet the 30 days, you can file a claim in small claims court and get it back that way, so call them and let them know that you got legal advice and this is what is going on. |
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twv706
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They have 30 days to refund your money in most states. Check with your local landlord tenant laws that is usually in the counties home page. |
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realestatelawyer
 |
The landlord has to return the security deposit within a certain period of time after you deliver possession of the property to her. The amount of time depends on the laws of your state. You can see a chart for all states at http://realestate.findlaw.com/tenant/tenant-resources/tenant-rent-security-deposit-return.html
If the landlord has not returned the deposit within that time, or provided you with a written, detailed accounting of the deposit within that time, then file a lawsuit in small claims court. Depending on the laws of your state the landlord may have to pay you double or even triple the amount of the security deposit that she wrongfully withheld. |
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kimmamarie
 |
If your lease term started the 1st of the month (I am assuming you are talking Feb) then your rental contract ended the 28th, whether you moved on the 17th or not. So, your landlord has 30 days from the 28th of Feb (the end of your lease term) to return your deposit. So you should expect your check to be sent out by the 30th of March. She has 2 1/2 weeks left to get it to you.
If you dont get it a few days after the 30th, send the following certified, return receipt requested letter:
Dear LL, Date
My lease ended on Feb 28th, 2007. We did a walk through on the Feb 17th at which time I returned the keys to you and it was determined that there were no damages that I was responsible for, and I would receive my full security deposit back. (If this is true. Or put what damage was found and how much she was going to charge you along with the remaining amount of your deposit you expect back.) By law, you have 30 days from Feb 28th to return my deposit to me. As today is April 4, 2007 and I have not received my deposit in the time allowed by law, I will be notifying my attorney.
Thank you, name, your new address
CC: attorney name, attorney address
This should shake her up. Even if you dont have an attorney, look a name up in the phone book under real estate attorneys and put it on the letter. Make it a local one so she can look it up in the phone book and see that an attorney with that name truely exists.
Hope this helps |
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GI
 |
deposits can be held for up to 30 days. This is because all deposit money has to be kept in a non-interest bearing escrow account. most checks are sent from a corporate office who handles that account. |
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Michael J
 |
It depends on where you live.
In California the limit is 21 days from the day you surrender possession (turn in the keys)regardless of when the lease expires. The landlord must provide you a detailed itemization of the charges against your deposit and either a check for the remainder or a bill for the excess charges. The landlord must also provide receipt copies of all the charges if you request.
I would assume that most states have similar requirements. |
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SG Elite
 |
You will need to read the lease that you've signed to determine when the security deposit should be returned to you. Failing which you're allowed to charge interest until full payment has been paid. |
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Christina
 |
I think most places they have 30 days to get it back to you. |
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Fatty
 |
It depends on the state you are in and the lease that you have. Normally the lease that you have outlines procedures for return of deposit. i would check that and you can probably get some free info on the laws of your state on the internet. |
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maxhound
 |
Thirty days. If they have a large number of apt units they have to pay you interest every year. 5% every month over a year |
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Mahesh R
 |
Usually rent security deposit is born out of a rent lease for 11 months after which the rent lease expires and the security deposit will have to be paid immediately. There is no question of withholding it. For any dilly dallying on the part of the landlord, one can take legal recourse. I think this much knowledge is enough for the landlord to be straight. |
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