Am I entitled to my full deposit back if there were damages but I was not timely notified of them?

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Am I entitled to my full deposit back if there were damages but I was not timely notified of them?

I moved out of my apartment almost 2 months ago and was told that I would be notified within 30 days about my deposit. However I was never notified. I then emailed them last week asking for my deposit. Then 2 days later they emailed me saying that I wouldn’t be getting my full deposit back due to cleaning and damages, and that my refund was less than $10. Am I entitled to the return of my full deposit if there any damages because I wasn’t notified within 30 days?

Asked on May 13, 2012 under Real Estate Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So I see that you have read the law:

The landlord must return the deposit along with an itemized list of deductions within 14 days after the tenant vacates the unit. In any event, the notice and deposit must be returned in 30 days.

Notify the landlord, in writing, of their failure to return the deposit. 

If the Landlords withholds more then permitted, fails to return the deposit or itemized list of deductions, the landlord may be liable for up to the amount illegally withheld, PLUS 1.5 times that amount.

SO you should sue him in landlord tenant court.  He will have to prove that the deductions were legal if the court lets him go forward at all.  Make the argument that he is precluded given the 60 days or make a motion for summary judgement immediatley after filing based on the same reasons. Good luck.


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