On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 58

tenant, or to cover expenses for removing belongings left behind after a
tenant has moved out.
The landlord must return the security deposit by hand-delivering or
mailing it to the tenant’s last known address within 14 days from the day
the tenant moves out, together with a written statement itemizing any
deductions. If the landlord fails to return the entire deposit or the written
statement within the 14-day period, the landlord forfeits the right to keep
any portion of the deposit and must return the entire deposit. The 14-day
period begins to run on the day the landlord becomes aware that the
tenant has moved out. Typically, this will be the last day of the lease or the
day that the landlord and tenant have agreed upon for a move-out, but
not always. A tenant who does not receive his or her deposit back or who
disagrees with some of the deductions can bring suit either in small claims
court or civil court. If you are considering these options, you should seek
legal advice.
If the landlord willfully withholds or fails to return the security deposit and
written statement, the landlord will be ordered to pay the tenant double
the amount that was wrongfully withheld, plus reasonable attorney’s fees
and costs. If you believe this situation applies to you, you should seek legal
advice.
If the landlord returns a check for only part of the deposit, and the tenant
feels he or she should get more back, the tenant may cash the check and
still pursue his or her right to contest the balance of the deposit.
If the building is sold, the former owner must transfer the deposit to the
new owner, and the new owner must give the tenant his/her name and
address and state that the deposit has been transferred. The new landlord
then becomes responsible for returning the deposit. Some municipalities
have separate security deposit laws that require that interest be paid on
security deposits and that the deposit be kept in a separate account. As an
alternative to small claims court, some municipalities have housing boards
that can hear security deposit disputes.
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