Can I wait to send a demand letter?
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Can I wait to send a demand letter?
My landlord hasn’t sent my security deposit or anything and his 30 days are almost up. Can I wait to see if my landlord will send an itemized list of deductions after the 30 days, and if I am unhappy with the list then send a demand letter and still be in the right? For example, if I receive a list after 45 days, am unhappy with it, and then send a list demanding my full security deposit because the list was sent after 30 days, would I be able to win in court? I think I will see a lawyer if it comes to that, even though it would be settled in small claims court.
Asked on August 25, 2012 under Real Estate Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I would send it when the 30 days has expired. Under the law in your state if the landlord has wrongfully withheld all or part of a deposit, the tenant may sue to recover up to twice the amount wrongfully withheld. So really why wait? Good luck.
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