What to Do If My Landlord Doesn't Give Security Deposit Back?

Landlords have money protection from any losses, property damages, or unpaid rent, and it’s called — a security deposit. But sometimes, when a landlord landlord hasn't returned deposit, disagreements may occur. If your security deposit not returned, look at these steps to defend yourself and understand your rights according to the law.

When a tenant signs a lease, he gives the landlord a security deposit. The landlord holds it in case the tenant causes any damage to the rental unit and does not paid rent. The amount of the security deposit can differ, but it's typically equivalent to one or two months' rent, depending on local laws and market practices.

According to law, the landlord is required to follow tenancy deposit claims. At the end of the rent, the landlord must keep the security deposit in a separate account and guarantee its return — typically within 30 days. 

Your landlord may have some time to inspect the property and pay your security deposit, depending on the applicable legislation. If a landlord won't return security deposit, they may be forced to give you an itemized account of the ways they plan to use the money (e.g., repair damages, cleaning service, etc.) or risk losing their claim to the money.

Understanding why a landlord might refuse to return your security deposit can help you better prepare for any disputes. Addressing these problems beforehand can save you time and stress when your lease ends.

Being aware of these possible issues allows you to take the necessary precautions to guarantee the full return of your deposit. Maintaining open communication with your landlord and fulfilling all lease obligations can significantly improve your chances if landlord not returning deposit.

Tenant may get stressed as a result of security deposit disputes. It is crucial to know how to get your deposit back if your landlord decides to withhold your entire security deposit. So if you wonder why my landlord won't return my deposit, here are some steps you may take to properly solve the problem.

Read your rental agreement with attention. Make sure you know all the reasons your landlord could take your security deposit. Pay attention to the security deposits terms to understand the options under which the deposit may be collected. 

A security deposit can’t be returned for some reasons:

• Damage to the property ( doesn't include normal wear and tear)
• Not paid money for the rental unit.
• Negligence in cleaning property. 

If the landlord's reasons don't seem reasonable about returning security deposits, get legal advice from an attorney to help you through this procedure.

Make a formal request for an itemized list of deductions from your landlord. To guarantee proof of delivery, this request must be written notice and given via certified mail. Tenants often get this information from landlords within an exact amount of time, usually 21 to 30 days, depending on local regulations.

Collect all relevant documentation to support your security deposit case. This can include:

• Take photos or videos of the property before you move.
• Inspect checklists for the move-in and move-out.
• Letters and receipts you sent and received from your landlord while your lease was in effect.
• Evidence showing 'normal wear and tear,' as landlords cannot legally deduct for everyday wear and tear on the property.

You can use this evidence to support your viewpoint on the return of security deposit.

Prepare a formal demand letter requesting the return of your security deposit minus any honest deductions.

Lawrina offers a demand letter template, that you can use to guarantee all required details are included. Guarantee the letter is clear, straightforward, and professionally written, and it highlights your knowledge of your rights and the landlord's responsibilities.

Research the law between landlord and tenant typical to your area, especially regarding security deposit. You will then have the ability to properly assert your rights and know how to get deposit back from landlord. 

If a solution about security deposits cannot be achieved between tenant and landlord, consider consulting a mediator. Settlement in civil court might sometimes take much more money than mediation. Consult a tenant advocacy group or a landlord-tenant lawyer for legal advice if required about apartment not giving deposit back.

Also, you can communicate with a real estate broker about your situation with the return of security deposit.

You might have to file a claim in small claims court if all else fails. Here is a detailed procedure:

To avoid disputes between tenant and landlord in the future, follow these practices:

It's critical to handle the issue if landlord won't give deposit back to the tenant. First, review your lease, check that you have all the required documentation, and find out if there are any local laws about security deposits. Speak with your landlord as soon as possible to discuss the issue and the money return. Address any claims concerning 'normal wear and tear,' as landlords are not legally allowed to deduct for normal wear and tear on the property.

If the matter is still unresolved, consider taking legal action — attending a mediation or, if necessary, filing a lawsuit with an attorney. If you understand tenant rights and know how to use them, it could have a major impact on how successfully you try to get your full deposit back.