Can I Sue for Untimely Return of Security Deposit?
When I moved out of my apartment, I gave my landlord the incorrect forwarding address to return my security deposit. However, before they mailed out the check, I provided them with the correct address. After more than 3 months of calling, emailing, and threats to sue the landlord, they finally told me they have my deposit check. In this case, can I still sue them for double the amount because they failed to return my security deposit within 30 days of move out? How good are my chances, and in case I lose, can the landlord countersue me for their attorney expense? Thanks so much!!!
When does a landlord have to return a deposit on an apartment in the US?
As others have mentioned, it varies state by state. In fact, every state regulates many aspects of security deposits. I’ve found Landlordology to be a fantastic resource for all state landlord-tenant statutes. They provide a simple summary of the rules for each state that anyone can easily understand.Security Deposit Return DeadlineFor example, California requires 21 days. Florida requires 15–30 days. New York requires within a “reasonable” time which has been taken to mean 21–45 days according to the courtsMaximum Security Deposit AllowableMany states stipulate the maximum amount of security deposits while about half have no statutory limits. In addition, some states have separate provisions regarding Pet Deposits. For example, New Jersey allows Pet Deposits but total deposits cannot exceed the state maximum of 1.5 months rent.As a landlord, it would be a huge mistake earmarking part of the security deposit for pet damage in that state. Your tenant could easily argue the pet caused no damage even though the unit is trashed beyond repair. The landlord would be obligated to return the Pet Deposit in this case. Here’s an Ultimate Guide to Dealing With Pets for more information on the topic.Itemization of Security Deposit ChargesMany states require landlords to itemize each charge deducted from a tenant’s security deposit. Some states require a landlord to attach receipts for work performed. Some specify the exact language a landlord has to use in their notice of deductions. California’s law only allows charges in four very specific circumstances.Local RegulationsTo complicate matters further, more restrictions and requirements are found at the local level. For example, New York City has very specific rules when it comes to rent controlled units.Bottom LineBy now it should be clear that every state has its own philosophy and laws regarding tenant security deposits.Always know and comply with your local laws. Make sure your lease terms and move out documents comply with all state and local laws. You can use an online service like EZLandlordforms (affiliate) which provides state-specific documents created by professionals. However, I also recommend you hire a professional to review your documents the first time to ensure they are compliant with the local regulations too.Domenick | AccidentalRental
How do I ensure that I get my apartment's deposit back if I am leaving US immediately after the lease ends?
The first thing you want to do is make sure that you have it writing. The security deposit and the terms of how you loose or get it back are usually stipulated on the lease.Make sure that you give your landlord at least 60 days notice that you intend to leave. That's a good time to begin the conversation about how and when you will get your security deposit back. Be sure to know what the particular landlord's requirements are.Try to get the landlord to inspect your apartment before you move out. That way he could warn you of potential issues which could reduce your refund. You might have time to correct any "damage" that you might have caused.The final inspection can't happen until after you have moved out (and you are gone). If there is a dispute with your now previous landlord regarding the condition of the apartment and you cannot resolve it your only recourse is to go to court. That doesn't sound like a viable option for you though.The "system" will do very little to "ensure" that you get your deposit back. Civil Court in NYC is jammed with cases involving deposit disputes between landlords and tenants, brokers and buyers, brokers and brokers, etc. The best way is to try to come to some agreement between two reasonable human beings and hope that everyone is acting in good faith.
The security deposit (and all rent payments) was paid by check by someone else (not on the lease). Who is the security deposit returned to?
The security deposit is always returned to the person on the lease. If someone had 'loaned' the funds to the tenant to pay the owner, the tenant would need to refund to the person that loaned them funds. I hope this helps in figuring out your housing situation. Mike
How do I deposit a check with 2 names on it?
The rule at Wells Fargo was that if you wanted to deposit a check payable to 2 people to an account with only your name on it, they wanted to see the other person's endorsement on the back of the check, but that person did not have to be present at the bank. Cashing such a check would not be possible without both payees present and endorsing the check in front of the teller. Also, it makes a difference how the check was made out: if it said "payable to A. Smith AND D.Joe", then both have to sign. If it said "A.Smith OR D.Joe", then only one signature is required. If there wasn't AND or OR, then it is assumed as a "AND"
When is a rental security deposit check cashed?
They usually cash the check immediately. They can't "spend" the money until you move out and it is returned, or if they need to pay for damages during your lease, but your actual check IS cashed right away. The money goes into a separate bank account they set up, where they are not supposed to spend it unless justified.
How long does a landlord have to deposit rent checks?
As Robert Crooks stated for Canada, in the USA a bank can consider the check to have a stale date after six months and can decline to accept them; some checks can have a shorter time printed on them and hence would become stale in that even shorter time period. Occasionally a bank will honor a check for up to one year, but since that is not a requirement in the banking system, it would usually be limited to checks drawn on the same bank.As a landlord who receives rent checks, I do try to have an account at the same bank as the bank my tenants use (yes I bank at multiple institutions as a result), so that I can ask the teller whether the tenant’s account has sufficient funds to cover the check amount; if answer is yes I request that the deposit be made as a cash deposit so that the funds are withdrawn from the tenant's account immediately (if you are receiving payment as a company or business name the bank probably will not cash the check for you) while the money is still there. If insufficient funds, notify the tenant that their bank has refused to honor the check due to insufficient funds and to notify you when they have added funds to cover the check amount. If you have good tenants who always make good, you can expect them to do that, but if the tenants are unreliable or new you might not get that and so you prepare to start eviction proceedings.But you really should get that check to the bank promptly, because many tenants have financial situations so shaky such that a flat tire can disrupt their ability to pay, and you don’t want to be dependent on such shaky sources to keep money for long. They might think that the money is there to be spent on something else since you haven’t taken the check to the bank. And it then gets spent - big screen TVs ain’t cheap, and extra money might mean an upgrade is called for ;)
Security Deposit Return?
I rented an apartment while away at school. My permanent address did not change, as it was a temporary residence. My landlord is withholding my security deposit because they claim that I did not supply them with a "new" address to send it to, and it therefore removes the landlord's liability. However my address did not change (so I can't technically provide a new address), and they have my permenant address on file. Can I get my security deposit back? I live in PA.
Can my ex-roommate cash a deposit refund check with both our names on it?
While in college I had been sharing an apartment with someone. We both put down an equal amount of money for our security deposit when we initially moved in. We even turned in separate money orders. We just recently moved out and in bad terms due to her legally questionable activities. The leasing company we were renting from would only send one lump check. It has both our names on it. At the end of our check-out procedure when we were returning the keys, the manager asked tow whom the check would be mailed to. My now ex-roommate immediately wrote down her parents' address without even asking me; she just dashed across the room. I told her I wasn't ok with that since I don't trust her but she didn't respond to me and the manager didn't do anything about it either. We were told that the check would take no longer than 21 days to be mailed. While arguing for a few days we reached an agreement about how the check would be divided. It's been well over the 21 days and I have not heard from her in 2 weeks. I have since contacted the company we rented from and was told that since the check has both our name on it, both of us have to sign and be present when cashing the check. However, since she's into some very sketchy businesses, I was wondering if it's possible that she could've cashed or deposited the check into her account regardless. And if so, what legal recourse can I take? I have her parents' address where I assume she is living now since she didn't have anywhere else to go; I don't know if that helps any legally. Advice would be much appreciated. Thanks.
Can my apartment keep my deposit if my roommate is staying after our lease is up?
I have moved out of my apartment and my lease ends July 31. I live in Texas, and I've paid all of my half of the rent in full up until July 31. My roommate is staying in the apartment with her new roommate. The apartment told me that since the apartment will not be vacated, I cannot get my deposit back until after my roommate moves out even though she's signing a new lease with her new roommate and my lease is up. I know I'm guaranteed my deposit back within 30 days, but now I have to wait 1 or 2 years until my ex-roommate moves out. Do I have any options? I'm already paying rent on both that place and my new place and could really use the deposit check back. Any suggestions?