what kind of lawyer do i need to get back my security deposit

Full Answer

Can I get my security deposit back without an attorney?

If all else fails, you may have to file a lawsuit get your security deposit back. A lawsuit over a security deposit will typically go before a small-claims court, which means that you may not need to hire an attorney (though it can be helpful).

How can I get my security deposit back?

Still, if you are owed a substantial amount of money, small claims court is the best way to get back your security deposit, or at least part of it. re you are likely to get out of it while in court.

What happens if you go to court for a security deposit?

If you go to court, the court must award 3 times your security deposit if the court finds that your landlord has failed to: Return the security deposit or balance that you have a right to within 30 days of the end of your tenancy. d. Where to file Most security deposit cases can be filed as a Small Claims case.

What should I do if my landlord breaks state security deposit law?

If you're unhappy with your landlord's deductions, you don't get an itemization, or the landlord broke state security deposit law in some other way, try to work something out. If you come to an agreement—perhaps the landlord will return some of your deposit if you do additional cleaning—put it in writing and sign it.

How do I fight my deposit back?

Steps for Getting Your Security Deposit BackRead Your Lease. Go through your lease as soon as you decide to move out. ... Notify Your Landlord. ... Pay Your Last Month's Rent. ... Make Small Repairs. ... Clean, and Clean Again. ... Take Your Stuff with You. ... Return Your Keys. ... Follow Up.More items...

What is the California law on returning a renters deposit?

Under California law, a landlord must return the renter's security deposit, with an itemized statement of deductions, within 21 days after the renter has surrendered the rental property to the landlord (that is, returned the keys and vacated the property).

What happens if landlord does not return security deposit in 21 days in California?

If a landlord does not return the entire amount of the tenant's security deposit within the 21 days required by law, and the tenant disputes the deductions from the deposit: The tenant can write a letter to the landlord explaining why he or she believes he or she is entitled to a larger refund.

What can I do if my landlord won't return my security deposit NYC?

If the landlord refuses to return the security deposit on time, you may have to sue the landlord in Small Claims Court. The Court may award you damages for any part of your security deposit that should have been returned.

What can I do if my landlord doesn't return my deposit?

If your landlord is refusing to return your deposit, you should request the prompt return of the deposit in writing.

How much can a landlord charge for cleaning in California?

Generally, a professional cleaning company can clean an empty unit for $200, including shampooing the carpet. Deductions for damage are only permitted if you caused them and they are beyond normal wear and tear.

Can a landlord charge for cleaning?

Landlords can claim money for cleaning from the tenancy deposit under certain circumstances. In fact, whilst cleaning standards can be subjective, it is the most common claim made by a landlord for a deduction from the deposit.

How long does a landlord have to return a security deposit?

within 10 daysRules surrounding returning a deposit If your landlord holds your deposit (so should be protected in the Insured scheme), the landlord should pay your deposit back within 10 days of your request for the deposit to be returned. A tenant cannot request the return of their deposit before the tenancy ends.

When can landlord keep deposit?

Your landlord or letting agent can only take money from your deposit if there's a good reason. For example, they can usually take money off if: you owe rent. you've damaged the property - this could be something like a spill on the carpet or a mark on the wall where you've hung a picture.

Can you sue your landlord?

In general, you may be able to file a lawsuit against your landlord for the following reasons. Illegally Keeping Your Security Deposit: Each state's landlord tenant law lists specific reasons a landlord can take deductions from your security deposit.

Does landlord have to provide receipts for security deposit?

Do Landlords Have To Provide Receipts For Tenancy Deposit Deductions? Yes. Although tenancy deposits are protected by the Tenancy Deposit Scheme (TDS), there are scenarios which will legally enable landlords to deduct from the deposit.

Can a landlord charge you after you move out?

If tenants agreed to the fee at the outset, they can't contest it during move-out. But if they didn't agree to any exit fees, then landlords have no right to charge a move-out fee after the fact.

Don't Confuse Last Month's Rent With The Deposit

If you've paid a sum of money clearly labeled "last month's rent" before moving in to a rental, you can obviously use it to cover the last month's...

Know What You’Re Entitled to

Most states hold landlords to strict guidelines as to when and how to return security deposits. Landlords who violate these laws may lose the depos...

Follow Up With The Landlord

If you’re unhappy with your landlord’s deductions, you don’t get an itemization, or the landlord broke state security deposit law in some other way...

Sue in Small Claims Court If Necessary

If your landlord does not respond by your deadline or you’re dissatisfied with the response, you can file a lawsuit in small claims court (called J...

How long does it take to get a security deposit back?

Every state's law is different, but most states require landlords to return your security deposit within 30 days. Some states require compliance in as few as 14 days, while others allow landlords 60 days to return your deposit.

What to do if you don't want to consult an attorney?

If you don't want to consult an attorney, ask the court clerk for help. While clerks aren't attorneys and can't give legal advice, they can help with procedural issues, and they're often valuable sources of information. In most cases, you'd file the case in the county where the property is located.

What to do when going to small claims court?

When you go to small claims court, bring all the evidence you gathered (plus copies), even if you're not sure you'll need it. Keep your evidence organized so you can retrieve it quickly.

Can you get your security deposit back in small claims court?

Sometimes a judge will determine that some damages are beyond normal wear and tear. Still, if you are owed a substantial amount of money, small claims court is the best way to get back your security deposit, or at least part of it. re you are likely to get out of it while in court.

Can you serve a person's papers yourself?

You can't serve the papers yourself, so you'll need to get a sheriff or a process server for that. In most states, you can also have someone older than 18 years old serve the papers, but if you do, they'll have to file certification of service with the court. Wait for the defendant to serve you with an answer.

Can you get a judgment for your security deposit?

Sometimes the judge will render a decision at the hearing, and sometimes you'll receive the decision in the mail. If your case is good, you should get a judgment for at least some, if not all, of your security deposit.

How to get security deposit back?

1. Plan Ahead. Take these steps before you move out to get your security deposit back on time and in full: If you have a month-to-month tenancy, give your landlord the legally-required notice to end your tenancy (30 days in most states). If you don't give proper notice, you could end up owing extra rent, which the landlord can take out ...

What is the maximum amount you can sue for a security deposit?

In most states, the small claims limit is $5,000 to $10,000.

What to do if you are the only tenant leaving?

If you're the only tenant leaving, negotiate with the others or the landlord for early return of your share of the deposit. Landlords have no legal duty to return the deposit until all cotenants leave, so you'll have to try to work something out. Ask to be there when the landlord inspects the unit.

What to do if you are unhappy with your landlord?

If you're unhappy with your landlord's deductions, you don't get an itemization, or the landlord broke state security deposit law in some other way, try to work something out. If you come to an agreement—perhaps the landlord will return some of your deposit if you do additional cleaning—put it in writing and sign it.

How long does it take to get a deposit back from a landlord?

When the Landlord Must Return the Deposit. Most states set a deadline, usually two to three weeks after you move out, for the landlord to mail you the following: an itemized statement as to how the deposit has been applied toward back rent, cleaning, and repairs.

What happens if my landlord doesn't respond to my rent?

If your landlord does not respond by your deadline or you're dissatisfied with the response, you can file a lawsuit in small claims court (called Justice of the Peace, Conciliation, Justice, City, or County court in different places).

What to do if you leave a lease?

If you're leaving before your lease ends, find another tenant to rent the unit. If you don't, and the landlord does not re-rent the property quickly, you might owe rent until the end of the lease term—and your security deposit will quickly be used up. If you're the only tenant leaving, negotiate with the others or the landlord for early return ...

What can a landlord use a security deposit for?

When you move out. When you move out, your landlord can use your security deposit to pay for: Repairs for damage that are not "reasonable wear and tear.". Unpaid rent, unless you legally withheld rent for bad conditions. See Chapter 8: Getting Repairs Made. Unpaid real estate tax increase, if your contract requires it.

What happens if my landlord doesn't return my security deposit?

If your landlord fails to follow the security deposit law while you are renting, you have a right to ask her to return the security deposit right away. See Following the Law.

How long does it take for a landlord to return a security deposit?

And your landlord must return your security deposit within 30 days. Have lease: If you have a written lease, your tenancy ends when your lease ends. If you move before the lease ends, the landlord does not have to return the security deposit until 30 days after the last day of the lease. 38.

Can you file a security deposit in Massachusetts?

Most security deposit cases can be filed as a Small Claims case. Housing Courts, District Courts, and the Boston Municipal Court all have Small Claims sessions. The Massachusetts Court website has lots of information about Small Claims and forms in multiple languages that you can use online.

Can you use a security deposit to pay rent?

While you are living in the apartment, you and your landlord may agree to use your security deposit to pay for rent or to repair any damage you or a guest may cause. Your landlord can only use a security deposit in this way if you and she both agree to it. If you both agree, put the agreement in writing.

How to get your security deposit back?

Unless your landlord has a reason to keep it, you should get your security deposit back after you move out. Some reasons your landlord can keep your security deposit are: 1 You haven’t paid all your rent; 2 You haven’t paid all your utilities and your landlord has to pay them so the next tenant can have utilities, too; or 3 You’re leaving the home damaged beyond normal wear and tear.

Why do landlords keep security deposit?

A security deposit is money you give your landlord when you move in that must be given back at the end of the lease, unless your landlord has a good reason to keep it. Possible good reasons to keep it are: You haven’t paid all your rent; You haven’t paid all your utilities and your landlord has to pay them so the next tenant can have utilities, ...

How long do you have to respond to a landlord?

If you get an itemized list of damages and you don’t agree with it, you have seven days to mail a response to your landlord. You must respond in detail. Address every point of disagreement. If you don’t specifically object to an item, then you’ve agreed to it. Keep a copy of your response for your records.

What is a security deposit in Michigan?

Michigan’s Security Deposit Law applies to agreements for rental units. A rental unit is a structure used as a home by a single person or family. It includes apartments, boarding houses, rooming houses, mobile home spaces, and single and two-family dwellings. If you’re renting your home, the security deposit law applies.

What happens if you pay Fido's rent?

If you pay money that the landlord gets to keep no matter how perfectly Fido behaves, it’s a fee. If you’re told you have to pay your last month’s rent to move in, that’s part of the security deposit. Your deposit can only be up to one and a half times your monthly rent. For example, if your rent is $500 a month, ...

What to do if your landlord doesn't give you a checklist?

If your landlord doesn’t give you a checklist, you can ask for one. If the landlord refuses to give you one, you can do your own inspection of your home, noting any problems. Go through your home, room by room, and make a note of anything that is damaged.

Can landlord fix a move in checklist?

It’s possible your landlord will fix any problems you report on the checklist. If so, note the repairs on your copy of the checklist. Do not sign a move-in checklist if you don’t agree with it. If you do, you might end up having to pay to fix damage that was there when you moved in.

How to dispute a security deposit?

Problems involving security deposits often arise like this: 1 The tenant moves out, making what the tenant considers to be a reasonable effort to clean the place, 2 the landlord keeps all or part of the deposit, stating that the place was left damaged or dirty, and 3 the tenant is furious, claiming the landlord is illegally withholding the deposit.

How to prepare for a landlord failure to return a deposit?

How should a tenant prepare a case involving a landlord's failure to return a deposit? Ideally, preparation should start when you move in. Any damaged or dirty conditions should be noted in the lease or rental agreement, or an attached inventory or checklist, both of which should be signed by both you and the landlord. You should also take photographs of substandard conditions and have neighbors or friends look the place over. When you move out and clean up, you should do much the same thing–take photos, have friends (or another tenant in the building) check the place over, keep receipts for cleaning materials, and, once the place is cleaned up, try and get the landlord to agree in writing that it is in satisfactory condition or that the earlier noted areas of damage are all there is.

What is security deposit itemization?

An itemization of hours spent by you, or your repair or cleaning people, working on the unit, complete with the hourly costs for the work. A copy of the written security deposit itemization (s) (pre-move-out and post-move-out) you sent the tenant, with details about the deductions.

What to do if tenant is furious about landlord?

the tenant is furious, claiming the landlord is illegally withholding the deposit. If the tenant and landlord can't reach a compromise, the tenant's best remedy is to sue the landlord for the money withheld, leaving it up to the small claims court judge to decide who is telling the truth. Whether you're a tenant filing a case or a landlord ...

What happens if a landlord withholds a deposit?

If the landlord acted in bad faith in retaining the deposit (by deliberately and unjustifiably withholding the deposit despite repeated requests to follow the law), the tenant may be entitled to extra ("punitive") damages over and above the actual amount of the withheld deposit.

How long does it take to get a deposit back after moving out?

Often, state law also provides that if a deposit is not returned within a specified time after the tenant moves out (usually somewhere between 14 and 30 days, depending on the state), the tenant is entitled to receive the entire deposit back.

What should I do before a court hearing?

Before your court hearing, you should gather all the evidence you have that the premises needed cleaning or were damaged. It's important to understand that you, the landlord, have the legal burden of proving these facts. If you fail to do that, the tenant will win.

What to do if your security deposit is not received?

Take your landlord to small claims court. If your demand letter does not successfully get your security deposit back, the next step as a tenant is to sue your landlord in small claims court in order to get your money.

What to do if your landlord won't return your security deposit?

Write a demand letter . If your landlord still won't return your security deposit once you've spoken with him or her, you will want to write what's known as a demand letter to officially request it back. The letter will include things like your move-out date and the amount you're owed.

How long does it take for a landlord to return a security deposit?

If your landlord doesn't return your security deposit within 30 days of moving out of your rental (the typical timeline, though it varies by state), the first step you should take is rechecking your lease. What does it state about how the rental should look at move-out?

What documents do you need to go to small claims court?

If you do go to small claims court, it's important to bring any and all tenant documentation. This includes photos from your move-in and move-out, a copy of your demand letter, your move-out checklist, your lease, copies of additional correspondence with your landlord, and any other useful information.

Do you have to know your tenant rights?

You should also know your tenant rights in the state you live in. Tenant rights vary from state to state, and it's important to know yours as they relate to security deposits. In some states, for example, landlords who keep all or part of your security deposit must provide written proof of what they're using the deposit for.

How long does it take to get a security deposit back in New York?

may be deducted. It must be returned within 14 days after the tenant vacates the premises.

Who is liable for the security deposit if the landlord has not transferred the deposit?

However, even if the old landlord has not transferred the security deposit, the new buyer is liable to the tenants for the amounts of security deposit that the new buyer has actual knowledge of plus interest thereon if any. The landlord is deemed to have actual knowledge of the deposits that were:

How long does a landlord have to return a security deposit?

Time Frame: The landlord has 14 days#N#“…Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement indicating the basis for the amount of the deposit retained, if any, and shall return any remaining portion of the deposit to the tenant…”#N#NY Gen Oblig L § 7-108#N#after the tenant vacates the premises to return the security deposit, or what’s left of it after deduction, and the itemized list of the basis of the deductions that were made.

What does a security deposit cover in New York?

It covers for incidents like damage to the property, termination of the lease without notice or non-payment of rent. Legal Basics. New York landlords can demand a maximum of 1 month’s rent as security deposit from which unpaid rent, ...

What happens if you don't transfer security deposits?

If the old landlord does not transfer the security deposits as required, the new owner can demand that the former establish an escrow account with the amount of 1 month’s rent for each leased unit in the property in case the tenants demand the same upon the termination of their leases. However, even if the old landlord has not transferred ...

How many family dwelling units are required to have security deposits?

However, if the landlord receives or is receiving security deposit from tenants of a property that has at least 6 family dwelling units, the landlord is required to place all security deposits in an interest-bearing account that earns interest at more or less the same rate as other similar accounts.

How long does a tenant have to show proof of payment?

That the tenant has 30 days from the receipt of the notice to provide proof of payment of the security deposit; and. That failure to do so will cause that tenant to lose any claim relating to security deposits. Should the new buyer fail to do so, the tenant may show proof of payment at any time.

How long do you have to return a security deposit?

Many states give you 30-45 days to return the security deposit, but some states require you to return the deposit within 14-15 days of the tenant's vacating the apartment. Alabama, Arkansas, and Kentucky have a window of 60 days to return a security deposit. No matter how long you have to do so, you must return the security deposit, ...

Do security deposit returns have to be fancy?

A security deposit return letter doesn 't have to have fancy language or a lot of details other than showing what deductions are coming out of the deposit. It's your decision whether to write this in letter form or as a financial statement, but check the laws in your state to make sure you comply with local requirements.

Can a tenant sue for not returning a security deposit?

However, landlords must justify the amount deducted, if any, from the deposit, otherwise, the tenant can sue in small claims court. You can justify not returning the full amount of a security deposit when the tenant: As long as you can show what the tenant did ...