what is time frame for letter sent to tenant regarding security deposit

As a tenant who has recently moved out, you're entitled to the return of your security eolith, in addition to interest, where applicable. Find out how to become your security deposit back without having to go to court.

After y'all stop your tenancy and give your landlord notice of your intended motility, you'll want your security deposit returned to y'all, per the terms of your lease. Getting the landlord to render the security deposit, however, can be problematic. In most states, failure to return a security eolith is illegal. A landlord is responsible for the return of your security deposit even if you're not entitled to receive the full amount.

The Part of a Security Deposit

The purpose of a security deposit is to provide the landlord with protection in the effect the flat is partially or severely damaged. The deposit functions as a reminder to y'all, the tenant, to keep the apartment in proficient status and to pay your rent on time. In some cases, it can act every bit the terminal month's rent, although many landlords practice not allow that.

A security deposit is usually given to a landlord at the start of the lease. Depending on your state, a security deposit tin can total anywhere from ane to three month'southward rent.

Depending on which state the unit is in, a landlord may have anywhere from xiv to 60 days to return the deposit. Only a few states don't have any specific time limit or have laws that state the landlord has to return the deposit within "a reasonable amount of time," a term that is left to the interpretation of the court. One to 3 months could exist considered reasonable, while six months might be considered unreasonable.

Moving-In Checklist

When you moved in, hopefully the landlord provided you with a moving-in checklist. In virtually cases, the tenant never gets this certificate. Even if you don't receive ane, you should gear up your own moving-in checklist and accept photos of the flat, condo, or house to show how information technology looked every bit of the appointment yous moved in. This way, a landlord can't say you lot caused pre-existing damage.

Make certain the checklist is comprehensive and includes each room. Document what type of damage already exists by writing it on the checklist. Supplement the checklist by taking photos of every room in case the landlord fails to practice and so or in the exceptional case that the landlord doctors the photos.

Do a walk-through with the landlord and audit each room carefully. Both y'all and the landlord should hold as to whether something is in worn, bad, or unusual status, and certificate it on the checklist, making a re-create for yous and i for the landlord.

Proper Expenses Deducted from a Security Deposit

A landlord cannot deduct expenses from your security deposit based on normal habiliment and tear. Each state has its own definition of normal wear and tear, but it commonly includes worn carpet, breakdown of some appliances due to continual use (especially in long-term leases of a few years or more), peeling paint, and small changes inside the apartment that would be expected from someone living at that place a yr or more.

Y'all are responsible, in nigh cases, for anything that is not considered normal clothing and tear, including:

• Holes in walls or floors
• Burns in carpeting
• Broken appliances, unless the landlord failed to repair them later you gave written observe
• Unusual and extreme vesture and tear
• Broken windows
• An unusually dirty apartment

If you have guests in your rented apartment or house, you are responsible for whatever harm they've washed as if you did the damage yourself. Do another walk-through with the landlord at the end of the lease. Let the landlord inspect the belongings so she can raise any problems about harm right and so and there. Document what she says. Take photos of the rental at the time you move out.

Data in a Security Deposit Return Letter

In guild to go your security eolith back if the landlord hasn't returned it, you demand to write a demand letter. Include the information beneath and send the letter by certified mail with a return receipt requested. In some cases, you may need to acknowledge that there is some impairment to the unit of measurement. Brand copies for yourself in case you lot need the letter at a future date or if you have to bring the landlord to small claims court.

Include the following data in a security deposit return letter of the alphabet:

1. The appointment of the letter and the landlord's full name and address
2. The accost of the residence you rented and the date you moved in
3. A statement that you lot've been paying your rent timely and that yous are electric current with your payments
4. A statement that y'all gave the landlord proper written detect of your motility-out, such as a 30-day find, or that the lease expired
5. Description of the flat'due south condition to the landlord every bit of the fourth dimension you moved out, such equally information technology was "cleaner than when yous moved in," and that you have photos to prove it
6. Explanation that you have not received your security deposit despite the landlord's obligation to render it
7. The exact amount of the security deposit yous're entitled to as well as the words "plus interest required by law" or like wording
8. Your new address and whether you've already provided this information to the landlord and when you did so
9. The date that the security deposit was due back to you according to land law
10. A demand of the immediate return of the full amount of the deposit as well equally a time limit, such as "no subsequently than seven (7) days," at which betoken you volition have the matter to small claims court
11. If you have roommates, how the security eolith should be returned to each of you
12. Your phone number, should the landlord have questions
13. Your signature and new accost

Following these steps will allow you to request your security deposit and help if yous accept to sue in modest claims courtroom.

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Source: https://www.legalzoom.com/articles/tenant-tips-for-writing-a-security-deposit-return-letter