Can we get our full deposit back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can we get our full deposit back?
We moved out of our townhouse on the 30th of last month. Now, 24 days later, we still have not yet received our security deposit refund or a explanation of why it’s being withheld. We emailed to ask where it was and and the landlord emailed back that she would send a check. However, it’s past 21 days. What can we do about the fact that she hasn’t gotten it to us on time?
Asked on July 23, 2012 under Real Estate Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue your landlord. A landlord may only retain a security deposit 1) to pay for any unpaid rent, due at the time the tenancy terminated; or 2) to pay for repairs to the premises, necessitated by damage (beyond normal wear-and-tear) caused the tenant (or his/her family, guests, pets)--and furthermore, the landlord must itemize and document the deductions from the deposit. If the landlord does not do this, or you do not agree with or believe the deductions, you could sue her for the return of your deposit--one good option is to sue in small claims court, where you could act as your own attorney and where filing fees are low.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.