You ought to have issued legal notice to the landlord before vacating the premises. Issue a lawyer's notice now to him expressing your intention to vacate and claim the recovery of the advance deposit. ... If he refuses to refund the deposit then you may file a lawsuit for recovery along with interest against him.
Your demand letter should:
Unlike a move-in fee, security deposits are both refundable and regulated. ... Landlords keep their tenants' security deposits in an interest-bearing account. When a tenant's lease is over, the landlord is required to return the deposit, minus any expenses noted in the move-out inspection.
Your Landlord is legally obligated to return your deposit within 10 days of you both agreeing how much you'll get back (after the tenancy has ended, of course).
Learn five reasons a tenant may not be entitled to the return of their security deposit, in whole or in part.
Your landlord can only do this if you left your tenancy early. Your landlord may try to withhold some or all of your deposit for a different reason, such as having a noisy party in the property. Your landlord cannot do this. Landlords can only take money for any financial loss they have suffered.
Tenant cannot be charged for normal wear and tear or damage for which they were not responsible. ... Filling in nail holes and painting are not valid deduction (unless inherent in the cost of repairs, such as replacing a wall destroyed by tenant). Minor scratches are usually considered normal wear and tear.
Here is a list of things that are generally considered to be normal wear-and-tear which cannot, according to security deposit laws, be deducted from a security deposit: Faded paint or wallpaper due to sunlight. Broken plumbing caused by normal use. Dirty blinds and curtains.
You should usually get your deposit back within 10 days of agreeing on the amount with your landlord. It can take a lot longer if you and your landlord disagree on the amount that's being taken off.
If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.
A deposit is part of the total cost of something or an advance payment paid for at the time of booking. Businesses will sometimes insist it's non-refundable if you cancel and even write it into the contract. But a business can only do this if the contract term is fair.
Typical definition of ordinary wear and tear is: "That deterioration which occurs based upon the use of which the rental unit is intended and without negligence, carelessness, accident, or misuse, or abuse of the premises or contents by the Tenant or members of his/her household, or their invitees or guests."
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