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Myth #2: If the landlord doesn't return a security deposit within 21 days, then the tenant gets the whole amount back. A landlord is supposed to return a security deposit or a list of deductions within 21 days after a lease ends or a new tenancy begins on the premises, whichever is first.
If there is no damage or unpaid rent, your landlord must return the security deposit plus interest owed within 30 days after your tenancy ends. If you move after your lease ends, the landlord must return the security deposit 30 days after you move out.
Myth #2: If the landlord doesn't return a security deposit within 21 days, then the tenant gets the whole amount back. A landlord is supposed to return a security deposit or a list of deductions within 21 days after a lease ends or a new tenancy begins on the premises, whichever is first.
If after 30 days the landlord does not return your deposit or send you a letter stating why all or part of your deposit won't be returned, you can sue him or her for the return of the entire deposit.
Sue for the amount of the security deposit that your landlord wrongfully withheld and, if it's required by your state or city, for interest. You can also sue for extra punitive damages (depending on your state rules) if the landlord acted in bad faith. In most states, the small claims limit is $5,000 to $10,000.
In most states, a landlord must return a deposit within 30 days, but deadlines range from 14 to 60 days. Most state laws require a landlord to mail the following to the tenant's last known address or forwarding address: The entire security deposit, plus interest if applicable. Or.
Suing a Landlord for the Violation of Security Deposit Laws Claims typically reach trial within 30 to 60 days and representation by an attorney is unnecessary. In many states, a tenant has up to four years to sue over a security deposit dispute.
Sue in Small Claims Court if Necessary Sue for the amount of the security deposit that your landlord wrongfully withheld and, if it's required by your state or city, for interest. You can also sue for extra punitive damages (depending on your state rules) if the landlord acted in bad faith.
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