Our landlord failed to give us a proper receipt of payment of security deposits?

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Our landlord failed to give us a proper receipt of payment of security deposits?

We have his signature on our lease saying we paid it, but he never gave us a receipt of where it is being held. What actions should be taken?

Asked on September 14, 2011 under Real Estate Law, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read your written lease with your landlord for the rented unit in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law. If the written lease states specifically where the landlord is to deposit you security deposit or a receipt where it is being held, then he or she needs to provide such to you.

Hopefully you paid the required security deposit via a check instead of cash.

If the lease does not provide a requirement that the landlord advise you where the security deposit is being placed, custom and practice in the rental industry is that the landlord deposited the check in his or her operating account for the rental.

Good luck.


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