Security deposit disputes are common disagreements between landlords and tenants. Because such disagreements are so prevalent, states have laws on the amount of rent landlords can withhold as a security deposit, what the funds can be used for, and the time frame in which the deposit must be returned. If a person believes their landlord is wrongly withholding or misappropriating a security deposit, they should read their state’s laws and hire an Attorney For Tenant Rights.
Head off Issues Before They Start
The simplest way to get a security deposit returned is to build a good relationship with the landlord. If there’s no trouble, a misunderstanding won’t turn into a serious disagreement. Even if the tenant and landlord have a good relationship, though, it’s still a good decision to take pictures of the home at move-in and when moving out. Pictures can help a tenant dispute a landlord’s allegations that the security deposit was used to clean the home or repair damage.
When Problems Happen
If a landlord refuses to refund a security deposit or they fail to return it within the predetermined time, the tenant should first contact the landlord and request a refund immediately. This conversation should be followed up with a demand letter sent by certified mail. Compromise may work. The tenant may end up losing some money, but getting something is better than nothing in most cases.
Some cases can be solved through mediation. Neutral parties can bring both sides to a fair agreement, and some agencies offer landlord/tenant mediators. In some cases, the tenant may have to file a state or local report. A state investigation often motivates a reluctant landlord to refund the deposit.
Filing Suit
If the above steps fail, the tenant may have to sue to get their money back. Security deposit lawsuits typically go to small claims court, which means that hiring an attorney may not be necessary. If the security deposit amount exceeds the maximum for small claims cases and the tenant hires an Attorney For Tenant Rights, they may be able to recover fees and costs if they’re successful.
Most landlords willingly return security deposits, but sometimes the situation can turn into a hassle. If a tenant has difficulty getting their security deposit back, they should hire Starr, Bejgiert, Zink & Rowells to learn about state laws to have the best chance of getting a refund.
