Does my former landlord need to prove that he used the security deposit that he kept to fix damages?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does my former landlord need to prove that he used the security deposit that he kept to fix damages?

Our former landlord did not return our $5000 security deposit, claiming damages to the exact amount. The landlord took 72 days to send itemized letter. Does landlord have to prove he spent the $5000 on the itemized list?

Asked on August 22, 2012 under Real Estate Law, Rhode Island

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. Your former landlord need to prove that there were actual damages caused by you during the tenancy to justify keeping the $5,000 security deposit in an amount of the security deposit. Normally a landlord is required to return a former tenant's security deposit within 21 to 45 days of move out. From what you have written, I suspect that your former landlord charged you for items that you were not responsible for. I suggest that you may wish to consult further with a landlord tenant attorney about getting some of your security deposit back.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption