Tips for Tenants: About that security deposit

Are you in the process of moving out and wondering what you need to do to get your security deposit back?

Step 1: Write a Letter Requesting your Security Deposit

Upon move-out, send a letter to your landlord asking for your security deposit back. Make sure that you include a mailing address where you know you will personally receive any correspondence. To protect yourself, make a copy of your letter and keep it for your records. Send the letter with some kind of tracking service so that you can confirm that your landlord received your request. If trackable services are cost-prohibitive, take your mailing to the post office and complete a “Certificate of Mailing.” It must be stamped by a postal clerk to be valid proof of the date upon which you put your letter in the mail.

You can usually find your landlord’s name and mailing address by looking at your lease or by doing a search for the owner of the property by address via the county auditor website.

Make sure you have proof of the condition of the entire premises at the time of move-in and move-out (for example, photos or videos, etc.) in case there is a dispute as to how much you should be refunded.

A downloadable do-it-yourself Security Deposit packet can be found at the “Security Deposits” link at https://www.seols.org/resource-center-2#HOUSING

STEP 2: Give your landlord 30 days to return your deposit or to respond to your request

The landlord has 30 days after move-out to return your security deposit or explain in a written notice why they are keeping the deposit. Ideally, you should time your mailing of the request for security deposit to be on or about the same date as your move out. Make sure you supply a good forwarding address, so your landlord knows where to mail your security deposit refund. If you do not provide a forwarding mailing address, the landlord does not have to return the deposit or say what it was used for if they do not return all or any of it to you.

STEP 3: If you do not get a response or refund after 30 days, file a lawsuit with the Small Claims Court (for claims up to $6,000)

To get information about how Small Claims works in your county, you can contact your Municipal or County Court or visit their website.