Can I sue my landlord for double the amount of my security deposit if it was not refunded in the legally allotted time period or in full?
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Can I sue my landlord for double the amount of my security deposit if it was not refunded in the legally allotted time period or in full?
I received the security deposit 2 days late but it was mailed it time. Can I still sue him in small claims court for double the security deposit plus the damages he took out that I do not agree with?
Asked on September 2, 2011 under Real Estate Law, Connecticut
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Under all laws of each state in this country, a former landlord is required to return the former tenant's security deposit in a stated amount of time. If the full amount is not returned in the required time period after the rental has been vacated, the landlord is required to show a statement debiting the amount made from the security deposit and provide receipts/invoices documenting the charges.
If the landlord mailed the returned security deposit in time but you did not receive it until after the required time period, your landlord complied with the statute for the timely return of the security deposit.
If your landlord debited amounts that you do not agree with and you want that money back, you are entitled to file in small claims court for that amount. As to getting the statutory double penalty for the amounts debited by the landlord, you have to prove that the landlord wrongfully withheld the amounts with no justifiable basis.
Good luck.
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