Disputes over recovery of security deposit between tenant and the landlord can be handled legally if negotiation and discussion with the landlord does not help.
LegalShield can assist you with expert advice and procedure for receiving your security deposit back without hassles.
A landlord tenant attorney is well aware of state laws and rules such as those regarding the percentage of rent the landlords can retain as the security deposit; when they can use up the same; or the timeline of the return.
It is best to consult with LegalShield because there are chances that the security deposit amount exceeds the maximum claim amount. In such instance, hiring an attorney to represent in civil court can also help recover lawyer’s fees on winning the suit.
Security deposit is basically an amount taken before you move into the apartment, which will ensure that the landlord has money to cover for:
- Repairing substantial damage but not for ordinary wear and tear
- Unpaid rent or other expenses such as unpaid utility bills etc.
- Cleaning the premises so that the apartment can be kept as clean as at the time you had moved in
The landlord tenant lawyer will also check on the above-mentioned criteria along with important laws and documents before taking any legal action.
In case the attorney you consult at LegalShield finds that the landlord has misappropriated or not returned the due security deposit, he/she can file a lawsuit in the small-claims court. The attorney will put the best defense forward to deal with counterclaims, if any, by the landlord.
To have a complete idea about the timeline for the landlord to return the security deposit, refer to the information below:
- No deadline: West Virginia and Tennessee
- 30 days: Michigan, North Carolina, Iowa, Kansas, Kentucky, Arkansas, Connecticut, Illinois, Missouri, Montana, New Hampshire, New Jersey, New Mexico, Maine, Massachusetts, North Dakota, Ohio, South Carolina, Texas, Utah, Wyoming, Oklahoma, Pennsylvania
- One month: Louisiana, Colorado, Georgia
- 45 days: Virginia, Indiana, Maryland, District of Columbia, Mississippi
- 21 days: Minnesota, California, Idaho
- 20 days: Rhode Island and Delaware
- 14 days: Vermont, Washington, Nebraska, South Dakota, Alaska, Arizona, Hawaii
- Others: Oregon (31 days), Alabama (35 days), New York (a reasonable time), Florida (15 to 60 days – in case the tenant disputes for any unfair deductions)
Though most landlords follow the rules to return security deposits, sometimes, there could dispute involved. LegalShield provides you well-informed landlord tenant lawyer who will guide you through your state law and help you to get the security deposit back.