Can I wait to send a demand letter?

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Can I wait to send a demand letter?

My landlord hasn’t sent my security deposit or anything and his 30 days are almost up. Can I wait to see if my landlord will send an itemized list of deductions after the 30 days, and if I am unhappy with the list then send a demand letter and still be in the right? For example, if I receive a list after 45 days, am unhappy with it, and then send a list demanding my full security deposit because the list was sent after 30 days, would I be able to win in court? I think I will see a lawyer if it comes to that, even though it would be settled in small claims court.

Asked on August 25, 2012 under Real Estate Law, Missouri

Answers:

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

Answered 8 years ago | Contributor

I would send it when the 30 days has expired.  Under the law in your state if the landlord has wrongfully withheld all or part of a deposit, the tenant may sue to recover up to twice the amount wrongfully withheld.  So really why wait?  Good luck.


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