If my previous landlord is still holding my security deposit after 45 days and has not given us a reason why, what can I do?

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If my previous landlord is still holding my security deposit after 45 days and has not given us a reason why, what can I do?

My previous landlord is in foreclosure. He is still holding my security deposit after 45 days and has not given us a reason. How can I try and get my money back. If I sue in small claims how do I get paid? We have filed as a party with interest in the foreclosure also. Am I just screwed

Asked on April 11, 2012 under Real Estate Law, Indiana

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 his or her tenant's security deposit (or a reduction of it based upon damage at move out) within 21 to 45 days depending upon the state where the rental is after move out. I would send a letter to your former landlord asking for the return of your security deposit by a certain date.

Keep a copy of the letter fior future use and reference. If you do not get the return of your security deposit by the stated date from the former landlord, your option would seemingly be small claims court if you want the money back.

Assuming you prevail in a small claims lawsuit, you then have to levy on the former landlord's assets such as bank accounts if you want to get paid and assuming he/she will not voluntarily pay you what is ordered owed by the court.


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