Wht are my rights if I got my security deposit back late and for a smaller amount?

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Wht are my rights if I got my security deposit back late and for a smaller amount?

When I moved out of my apartment the landlord waited 62 days to pay the $1,000 security deposit. The check is for $350. The only thing he wrote was oil cleanup $75 and cleaning fee was applied $575. I am 99% sure he never hired a cleaning service and he was late on giving the security deposit back.

Asked on August 11, 2012 under Real Estate Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Hereis the law in your state:

If the landlord makes any deductions from the deposit, a written, itemized accounting of how much is being charged for each item must be sent to the tenant. 

If you gave your landlord a forwarding address in writing, your landlord must do one of the following within 30 days after you move out:

  • Return your full security deposit plus any interest; or

  • Send you an itemized written statement of expenses deducted from your security deposit, along with the balance of your deposit and interest.

(If you wait more than 15 days after you move out to give your forwarding address to your landlord in writing, then the landlord has 15 days from when you give your address to respond.)

Your landlord must either:

  1. return the full security deposit, plus interest, or

  2. give you an itemized written statement of the nature and amount of the damages (including lost rent) deducted from your deposit because you violated your obligations.

If your landlord does not return your deposit and does not give you the required written statement, s/he is may have to pay you  twice the amount of your deposit. (A landlord who returns a security deposit, but not the interest owed to the tenant, and gives no written explanation, may have to pay twice the amount of the interest only.)

Sue in small claims cout.  Good luck.

 


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