Can my landlord keep my security deposit if she wrote me a letter telling me why I can’t have it back but I didn’t receive it until 31 days later?

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Can my landlord keep my security deposit if she wrote me a letter telling me why I can’t have it back but I didn’t receive it until 31 days later?

She originally told me that I was getting it.

Asked on April 1, 2012 under Real Estate Law, New Mexico

Answers:

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

Answered 9 years ago | Contributor

Here is the law:

"If a landlord does not send an itemized statement and deposit balance to the tenant within 30 days of the date the rental agreement is terminated or the tenant moves out, whichever is later, the landlord forfeits all rights to any of the deposit and to take further legal action against the tenant in a court of a law." 

You are cutting it close here.  Regardless you need to take her to small claims court and dispute if the reasons she gave you for not giving it back are valid and amount to more that normal wear and tear.  Good luck.


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