Does my former landlord need to prove that he used the security deposit that he kept to fix damages?

Our former landlord did not return our $5000 security deposit, claiming damages to the exact amount. The landlord took 72 days to send itemized letter. Does landlord have to prove he spent the $5000 on the itemized list?

Asked on August 22, 2012 under Real Estate Law, Rhode Island


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. Your former landlord need to prove that there were actual damages caused by you during the tenancy to justify keeping the $5,000 security deposit in an amount of the security deposit. Normally a landlord is required to return a former tenant's security deposit within 21 to 45 days of move out. From what you have written, I suspect that your former landlord charged you for items that you were not responsible for. I suggest that you may wish to consult further with a landlord tenant attorney about getting some of your security deposit back.

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