What to do if my landlord is not returning security deposit?

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What to do if my landlord is not returning security deposit?

It’s been more than 4 months after I quit the place. He has given half of the deposit to my roommate but however he is not giving me my share. The main problem is that I live in a different state with different justification. What legal recourse do I have?

Asked on January 7, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In all states in this country the former landlord is required by statute to return the former tenant's security deposit within 21 to 45 days after move out depending upon the state where the rental is. If some portion of thre security deposit is used to pay damages, the landlord is required within the same time period to return any unused security deposit to the former tenant with an itemization for what the money was used for with receipts showing the use.

In your situation, I would write the former landlord a letter demanding the return of your security deposit by a set date. If not returned by then, your recourse is small claims court. Keep a copy of the letter sent to the former landlord for need and reference.


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