How do we our get security deposit back?

UPDATED: Oct 11, 2011

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How do we our get security deposit back?

We moved into a house with a $945 deposit. There was no lease presented or signed at anytime. Our landlady said she would send us one but never did. We were transferred out of state after 2 months (which is where the landlord/owner also lives). She ignores our phone calls and emails about the security deposit and has never sent us a written explanation of why she won’t refund our money. We left the house in excellent condition and she re-rented it immediately. Can we legally get our money back since there was no lease and, if so, which state do we take action in – where toe property is or where we all now live?

Asked on October 11, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In every state in this country a landlord is required to return the tenant's security deposit within a certain time period after move out, usually 21 to 45 days depending upon the state where one was a tenant.

If the full amount of the security deposit is not returned in this time period, the landlord is required to send the tenant an itemization of what was not returned, the reasons for not returning it and receipts for repair of damages or cleaning.

In your situation since the deposit has not been returned, you need to send a written letter to your former landlord demanding the deposit's return by a set date. If not returned by then, your option is small claims court.

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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