Security Deposit Refund Laws and Rights

Once a tenant and a property owner come to an agreement regarding the rent of a piece of property the tenant must then send a security deposit to the landlord. This deposit guarantees the landlord that the tenant will continue to pay the rent on a monthly basis. Once the contract for rent is complete the landlord is legally required to return the security deposit to the tenant if it is not used for repair costs from damages caused by the tenant.

Why was the Security Deposit not Returned?

There are plenty of reasons why a security deposit was not returned to the tenant and some of those reasons include the following:

• The tenant damaged the property, causing the landlord to use the money for repairs
• The tenant did not clean the property prior to moving out, causing the landlord to use the money for a cleaning service
• The tenant broke terms of the lease, inciting a fine from the landlord, causing the landlord to take the money from the deposit as payment of the fine

Get Your Security Deposit Back

If you have not received your security deposit refund from the landlord within 30 days of moving out then make sure you are not taken advantage of by the landlord. Landlords might hold onto the security deposit for no reason as long as possible so that maybe the tenant will forget about the security deposit altogether. If the deposit is not returned within 30 days then hire a real estate lawyer in the event of a small claims suit against the landlord.

Resolving Security Deposit Disputes

The first option a tenant has to resolve their security deposit dispute is to send the landlord a security deposit demand letter. The letter will have information about the tenant, the terms of the lease, and the date that the deposit should have been returned. The letter should also include a demand for the return of the deposit to the tenant. Getting security deposit help doesn’t have to be difficult. Contact a real estate attorney, who will educate the tenant on their options involving small claims lawsuits against the landlord.

Security Deposit Rights

Both the landlord and the tenant have security deposit rights that should be honored by both sides of the security deposit agreement. A real estate attorney can help either side prove their case when it comes to the refund of the deposit. An attorney can help the landlord prove there were damages caused by the tenant and an attorney can help the tenant prove that the landlord has no reason to hold the deposit.