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What can I do if my former landlord hasn't returned my security deposit?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
The first thing to do is to check the laws for your particular locality for security deposit refund. If there are no local rules, then check the state's versions as they would take precedence. A majority of the time the laws are clear that they must refund the deposit if there is no fault to be found in the unit. Leaving behind a rental in pristine condition gives the landlord no excuse to not return the deposit.
There is Almost No Excuse to Not Return a Deposit
The landlord should have put the deposit into a separate account for the purpose of returning it when the tenant moves. That way there is no co-mingling of funds and the money is there to be returned promptly. There also can be no touching of the deposit for normal wear and tear. In the case where there is some type of damage, there can be monies taken out, but the act must accompany a letter to the ex-tenant as to why. If the landlord is not returning the deposit and has not provided any reasonable explanation, it's time to turn to small claims court.
Hiring a Lawyer
There are times when the only way to get money from the old landlord is to utilize a lawyer. They can start the process by sending an "or else" type of letter. If this does not suffice, then it's time for stronger legal action. An experienced real estate lawyer can take the landlord to court and effectively use the law to your advantage.
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