What is a landlord’s responsibility regarding the return of a security deposit?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is a landlord’s responsibility regarding the return of a security deposit?

I have a tenant who reported mold damage to the floor in his room 2 months ago. He sent me a picture of the extensive damage and later told me he’d moved out the same day. He says a rug and dresser had been covering it. I’m having it all fixed within the inspector’s deadline. The tenant now wants a refund of his rent since vacating. I think his not noticing/reporting the problem to me sooner is negligent on his part (if he’d cleaned his room, he would’ve noticed a lot sooner) and he should’ve given me reasonable time to rectify the problem before moving out.

Asked on January 4, 2012 under Real Estate Law, Connecticut

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, a landlord is required to return to the tenant his or her security deposit in full within 21 to 45 days after move out depending upon the state where the property is located. If the full amount is not returned, the landlord is required to send a list of the expenditures debited from the security deposit with invoices showing such within the same time period.

If the tenant caused the damages then you might have a basis for debiting a portion of the security deposit for repairs. However, if the tenant did not cause the problem as to the water intrusion and simply failed to notice the situation developing I do not see a basis for you holding back his security deposit.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption