Can I file grand theft charges against my former landlord for not returning my security deposit?

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Can I file grand theft charges against my former landlord for not returning my security deposit?

The lease was terminated according to all terms of the agreement; there were no damages to property. I have exhausted all communications with him (email, phone calls, certified letters, fax, etc.).

Asked on December 28, 2012 under Real Estate Law, Kansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You cannot file grand theft charges against the landlord for not returning your security deposit because this is a civil case (lawsuit) not a criminal case.

You can sue the landlord in Small Claims Court for the amount of your security deposit plus court costs.  Court costs would include the court filing fee and process server fee. 


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