If it’s been more than a month since we vacated and the landlord never sent a list of damages, canI get the entire deposit back?

UPDATED: Oct 3, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 3, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If it’s been more than a month since we vacated and the landlord never sent a list of damages, canI get the entire deposit back?

Sent text messages. I asked about the deposit a week later and he gave some damages “off the top of [his] head.” He said he has pictures. I asked for a detailed list and gave him my email and mailing address. I haven’t received such a list nor any of the deposit. The landlord owns less than 10 units, so it’s unclear if the 1 month requirement of state law requires him to return the entire deposit. If so, would it be unwise to use that to negotiate down the damages? I’d like to resolve this with minimal legal action and I’m fine with paying for the valid damages.

Asked on October 3, 2011 under Real Estate Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In every state in this country a landlord is required to return a tenant's security deposit upon move out within a certain period of time, usually between 21 to 45 days. If the full amount is not returned in the required time period, the landlord is required to send an itemization as to what as kept with backup documentation such as receipts showing the expenses taken from the deposit.

I suggest that you write the former landlord a letter requesting the return of your security deposit by a set date keeping a copy for your records. If the date comes and goes where you have not received the amount owed you, your option is unfortunately 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 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 lock Secured with SHA-256 Encryption