What are my rights to the return of my security deposit?
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What are my rights to the return of my security deposit?
My lease expired 8 months ago and did not renew. 4 months ago I sent a letter to vacate but decided not to and my landlord accepted my rent for that month. She told me that I had to be out the following month. We surrendered the property on the date specified and did a walk-through. I was was told that I would receive a letter of the damages by e-mail shortly thereafter. Now 2 months later my landlord has still not sent me anything although she has just requested my address. I asked her what amount but she has not responded. Can she hold my deposit 2 months later?
Asked on October 5, 2011 under Real Estate Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In all states in this country there are laws requiring that the landlord must return a tenant's security deposit within so many days of move out. The time period varies between 21 and 45 days as a general rule.
In your situation since you have yet to receive the return of your security deposit after move out which is 60 plus days from your former landlord, you should write her a letter demanding payment of your full security deposit by a set date. Keep a copy of this latter for future reference.
If not received within the demanded time period, your option is to file suit in small claims court against your former landlord for your secuirty deposit's return.
Good luck.
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