The penalty is not discretionary. The tenant does not need to prove that the landlord acted in bad faith or that the tenant lost money because of the landlord's actions. Mellor v. Berman, Mass. Rendall v. Tarvezian, Mass. However, in that case, the landlord actually did not consent to early termination.
In those cases where the landlord's conduct entitles you to get the deposit back while you are still living on the premises, but the landlord refuses to return it after demand, the security deposit law is ambiguous regarding treble damages, but the Appeals Court has interpreted the statute to require such a remedy.
Castenholz v. Caira, 21 Mass. Patukonis, 24 Mass. Castenholz further holds that filing a lawsuit is itself considered a "demand," so that a landlord who is properly sued for the return of the deposit and does not immediately tender it thereby becomes liable for treble damages. Castenholz, 21 Mass. Also, if the landlord is subject to the Consumer Protection Act, G.
Mishara, Mass. Chapter 93A requires a demand 30 days before filing suit, except where the tenant's claim is asserted by way of counterclaim against the landlord.
This language does not prohibit the landlord from filing a separate lawsuit against the tenant to recover the damages. Jinwala v. Bizzaro, 24 Mass. A landlord cannot condition her return of part of the deposit on your agreement to release her from paying the balance. In Goes v. Feldman, 8 Mass. The tenant is entitled to an award by the court of treble damage remedy whenever the landlord fails to comply strictly with the terms of the statute.
The constitutionality of this statute was upheld in Hampshire Village Assocs. District Court of Hampshire, Mass. Ruhlander v. District Court of Hampshire, U. You have the right to an interpreter. You may be able to get free legal help from your local legal aid program. Getting your tenancy deposit back This advice applies to England Print.
Before you leave the property You'll have a better chance of getting all or most of your deposit back if you leave the property in the same condition as when you moved in. If your local council paid your deposit You probably won't get any money back from your deposit if your local council paid it for you or guaranteed it in a bond scheme.
Challenge your landlord Your landlord can't take unreasonable amounts of money from your deposit. If you still can't agree with your landlord, you can take further action. If your deposit is protected You should usually get your deposit back within 10 days of agreeing on the amount with your landlord. Use the scheme's free service to get your deposit back You can use your scheme's 'alternative dispute resolution' ADR service to help you get your deposit back.
You should use the ADR service if you can - it's free and easy to make a claim. You'll have to accept the ADR service's decision. Explain why you should get your deposit back You'll need to fill in a form to explain why you think you should get your deposit back. You should give any evidence you have, for example: photos showing the condition of the property when you moved out copies of check-in and check-out inventories if you have them a receipt if you paid for the property to be cleaned professionally letters or emails about problems you reported to your landlord that should have been fixed, for example a leaky toilet that caused further damage The ADR service will also ask your landlord for their evidence.
If you're only disputing part of your deposit If you're only disputing part of your deposit, you'll get the rest of your money back straight away. Did this advice help? Yes No. Why wasn't this advice helpful? It isn't relevant to my situation. It doesn't have enough detail. I can't work out what I should do next.
I don't understand. You've reached the character limit. Thank you, your feedback has been submitted. In this section. Share on Twitter Share on Facebook Print this page. The tenant must give at least 10 days notice of their move. Otherwise, the landlord can keep the deposit to offset any losses while finding another tenant. Maine The landlord must provide an itemized list of reasons for withholding any portion of the deposit. The tenant can bring legal action against the landlord if they feel their security deposit is being wrongly withheld.
If the court rules against the landlord, the tenant may be given double the amount of the security deposit plus court costs and attorney fees. Maryland The landlord has 45 days after the end of tenancy to return the security deposit to the tenant. If a landlord does not return the security deposit within that time frame and withholds it without cause, "the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney's fees.
The tenant may be present at the inspection of the property. They also are entitled to receive written notice if any portion of the deposit is being withheld, along with the reasons why. Massachusetts The security deposit must be returned within 30 days of when the tenant vacated the property. Michigan The tenant must be sure to give the landlord a forwarding address within four days of terminating tenancy. If the landlord believes the tenant caused damage to the property, he or she must provide the tenant with an itemized notice -- including an estimated cost for fixing each deduction -- within 30 days of termination of tenancy.
Any remaining deposit amount must be sent with this notice. The tenant then has seven days to say whether he or she agrees with the notice of damages. If the landlord does not provide the itemized list of damages to the tenant within 30 days, he or she must send the tenant the entire deposit. Minnesota The security deposit must be returned with interest within three weeks of termination of tenancy or within five days of when the tenant leaves the building.
The landlord must give the tenant a written statement of the reasons for withholding any portion of the deposit. If the landlord does not return the security deposit in time, the tenant is entitled to "the portion of the deposit withheld by the landlord and interest.
If any portion of the security deposit is withheld, an itemized list of all damages and charges must be given to the tenant along with the remainder of the deposit. Missouri The landlord has 30 days after the termination of the lease to return the tenant's security deposit. A list of damages is required to be provided to the tenant if a portion of the deposit is being withheld.
If the security deposit is not returned, the tenant can recover up to twice the amount that is being withheld. Montana A signed, written statement of the condition of the property must be provided by the landlord upon move-in. If that signed move-in statement is not provided, the landlord forfeits the right to the tenant's deposit upon move-out, unless there is clear proof that the tenant was the one who caused the damage.
Nebraska The tenant must demand a refund of the deposit from the landlord and provide an address where it can be mailed. The landlord has 14 days after that to return the deposit. If a portion of the deposit is being kept, the landlord must provide the tenant with an itemized list of damages, including a written description.
Nevada The security deposit must be returned within 30 days of the termination of tenancy. An itemized list of deductions must be provided to the tenant if any of the tenant's security deposit is being withheld. The landlord needs to return the remainder of the deposit to the tenant within 30 days of termination. Otherwise, the tenant is entitled to damages equal to the amount of the entire deposit. New Hampshire The security deposit must be returned within 30 days of when the tenant vacated the property.
A written agreement for when the security deposit should be returned must be provided if the landlord and tenant share the property, and the amount of the deposit is more than 30 days' rent.
If a written agreement is not provided by the landlord, the security deposit must be returned within 20 days of when the tenant vacates the property. New Jersey Landlords have 30 days to return the security deposit to the tenant. However, in the case of fire, flood, or evacuation, it must be returned within five days. New Mexico New Mexico's landlords have 30 days to return the security deposit to the tenant.
An itemized list of deductions is required if any portion of the deposit is being withheld. New York Landlords must return a tenant's security deposit within a "reasonable time" after the tenant has left the property.
Typically, 21 to 45 days is considered a reasonable time frame. North Carolina The security deposit must be returned within 30 days of the termination of tenancy. The remainder of the security deposit must be returned to the tenant, along with an itemized list of damages, if any portion of the deposit is kept by the landlord. North Dakota The security deposit must be given back to the tenant within 30 days of when the tenant has given control of the rental property over to the landlord. Ohio The tenant must give the landlord a forwarding address upon termination of tenancy.
Written notice of any deductions for damages or past due rent must be provided within 30 days of the termination of tenancy. Oklahoma If any portion of the deposit is being withheld, the landlord must outline how it was spent in a written list. Tenants may sue their landlords if they feel their deposit is being wrongly withheld. Oregon The full security deposit must be returned within 31 days of when tenancy ends, or a written report must be given, explaining why a portion was kept and how it was used.
Tenants can file a lawsuit against the landlord for at least twice the amount of the security deposit if they feel their deposit was wrongly used. Pennsylvania The landlord has 30 days after move-out to return the deposit to the tenant. If the landlord is keeping any portion of the security deposit, he or she must provide the tenant with a written, itemized list of damages, plus the cost of the fix, along with the remainder of the deposit.
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Landlords Tips. By Erin Eberlin Full Bio Twitter Erin Eberlin is a real estate and landlord expert, covering rental management, tenant acquisition, and property investment. Learn about our editorial policies. Updated on May 08, Nonpayment of rent is considered a breach of lease. Article Sources. Your Privacy Rights.
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