Suing for a Security Deposit Refund

Typically, renters receive their security deposits from their landlords without delay, but when it doesn’t happen in a timely manner, suing for a security deposit may be renters’ last option. Landlords have approximately 14 to 60 days, depending on the state, after tenants move out to return their security deposit. Landlords may deduct money from the security deposit or keep the entire amount for various reasons such as tenants owe rent, cleaning the apartment or major repairs. However, when tenants dispute reason for keeping the deposit, they must undergo several steps before suing. Before Suing

Renters should follow procedures before going to court. For instance, when renters don’t receive a letter of itemized deductions or their deposit, then they can complete a Request for Return of Security Deposit form. This form, typically available from local tenants associations, according to Legal Zoom, puts the landlords on notice that you are requesting you full security deposit. Make sure to send it by certified mail with a request for a return receipt. Renters may use this information in court as proof that they tried to obtain their security deposit. Also, it’s important to keep the return receipt for you records.

After Seven Days, Sue

Usually, seven days is a reasonable amount of time to wait for landlords to return the security deposit or an itemized letter with detail information on how the security deposit was used. Renters can sue even if the landlord sent a letter explaining why the security deposit was kept.

File the Claim

Small claims courts resolve various lawsuits for minor monetary disputes such as breach of contracts, return of property, false arrest and landlords who have not returned security deposits to former tenants. The lawsuit must be filed in Small Claims Division of the municipal, district and county courts in the renters’ area. Typically, you have to pay filing fees, which may be waived if you can’t afford them.

Win the Small Claims Suit

Renters need a variety of information such as the rental agreement and the exact day they moved out. The judge takes the information into account when making her ruling. However, the most important evidence is the pictures of the rental property. Pictures should have been taken by the renter on the days they moved in and out of the apartment and must show why the landlords’ reasons for keeping all or part of the deposit is invalid.