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

UPDATED: May 13, 2012

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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


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

Answered 10 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.

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 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.

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