If our lease stated that we would receive our deposit within 30 days of termination but we received it 32 days after, does the landlord have the right to withhold any of the deposit?

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If our lease stated that we would receive our deposit within 30 days of termination but we received it 32 days after, does the landlord have the right to withhold any of the deposit?

It was postmarked 31 days after.

Asked on November 2, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, the landlord still has the right to withhold part of the deposit. Not all lease violations are created equal: a material violation is an important one, which can cost the party violating it some of its rights, but a trivial or de minimis violation does not deprive a party of any of its important rights. A day delay in sending out the deposit and/or letter detailing what happened with the deposit is not material, and will not result in the landlord  losing its important right to retain part of the deposit for damages or unpaid rent.


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