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As with most states the landlord holds a security deposit for as long as the tenant remains lawfully in the unit. He then has between 15 and 30 days to return the deposit or send a notice to the tenant of offset for damages.

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14y ago
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7y ago

New York is one state where a landlord is not given a specified time frame outside the language "reasonable" time after the tenant has vacated (removed themselves, property, and returned keys). The reasonable period has been typically defined as 21-45 days.

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12y ago

That depends on the laws of your state. Many states require that the security deposit be returned (or accounted for) within 30 days after the end of the tenancy.

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13y ago

1 year lolololol

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Q: How long should a landlord wait to give holding deposit back?
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What if the new landlord tells you to find the old landlord to get back security deposit?

A new landlord has to have received the security deposit from the old landlord during the process of the closure of the sale of the property. The new landlord is responsible for that security deposit.


If you live in a house and it is sold does the old landlord have to give you back your security deposit?

No. In the estoppel that your old landlord signs to the new landlord the security deposit is turned over to the new landlord, who keeps the deposit where it is now, or tells you where your deposit will be located.


If a contract has been signed and a deposit paid can the landlord back out of the deal?

No.


Can a landlord take you to small claims court when they have already given you back your deposit?

Yes. If a landlord later determines that you damaged his property he can take you to court. A landlord is not required to assess damages under the deposit if they would prefer to return your deposit and sue you for more. The deposit laws are generally intended to avoid lawsuits from every landlord at the end of every tenancy.


What can you do if your landlord refuses to give you back your security deposit because you lost your receipt?

If your landlord accepted the security deposit from you he must return to you unless he have legal grounds to keep all or part of the security deposit. I don't think that the loss of your receipt for the security deposit is enough to allow your landlord to keep it. Thus you can sue him.


Does a landlord have 60 days to give a deposit back to renter?

Of course. In most states he has 30 days to return your deposit.


Does a landlord have a right to hold back a security deposit if the tenant dies?

Death of the tenant terminates the tenancy. The landlord should handle the security deposit according to the law, which likely means forwarding it to the estate. If rent is owed, the landlord could apply the deposit to the arrearage, and so notify the executor. There is an argument that the decedent owes rent for the next month (in a month-to-month tenancy) or the remainder of the lease (if there is a lease). However, the landlord has an obligation to try to rent the unit.


Can a new landlord demand an additional second security deposit of one months rent six months after the original landlord received an initial deposit equivilent to a months rent from a existing tenant?

I think he can since he is new. Did you get back your deposit from the original landlord? I would try to get it or find out where the money went. The money could have been handed over to the new landlord or landlord 1 kept it. You may be able to sue him in small claims court for your deposit.


Does a landlord have to give you your deposit back if he forecloses?

Not per se. A foreclosure proceeding on your landlord is no reason to not pay your rent, as long as he still has control of the property. If this is not the case then the bank or other entity that has control over the property will give you instructions on what to do. Your landlord has to give you your deposit back unless he's keeping it for legitimate reason, and such reason must be listed on the paper he sends you when he intends to keep the deposit.


Can you use a deposit for the last months rent?

This would depend on the landlord. If you landlord says yes to this, which I seriously doubt. Then obviously when you moved out you wouldn't get it back. Talk to the landlord about your situation. Maybe something can be worked out.


How do you sue your old landlord who forclosed on the property you were renting so that you can get your deposit back after he has filed for bankruptcy?

Get a lawyer


Can a lanlord use security deposit if tenant is late on the rent?

You can in Massachusetts - you don't say what state you are in. The landlord has the option of using the deposit for back rent, but he doesn't have to.