Getting the Security Deposit back can be easy or difficult depending on the rental situation or individual facts. There are no cut-and-dry answers about whether the Tenant(s) is/are legally entitled to get the deposit back, but there are a few guidelines:
1. The Landlord has a right to keep part or all of the deposit in some situations. In most cases, the Tenant(s) would not be able to get at least a portion of their deposit back if they:
- damage the property beyond normal wear and tear
- fail to pay rent
- fail to return all keys upon moving out
- fail to clean thoroughly upon moving out
- abandon the property (this means the Tenant left the property for 20 or more days without notifying the Landlord AND without paying rent for this period)
If none of these factors apply, the Tenant(s) may be entitled to receive part or all of the security deposit.
2. The Landlord must notify Tenant(s) in writing if s/he is keeping part or all of the deposit.
By law, the Landlord MUST either return the full deposit to the Tenant or write to the Tenant within 14 days after Tenant(s) moves out to say why all or part of the security deposit is being kept. With the letter, the Landlord should include all copies of receipts for expenses s/he claims the deposit paid for.
If the Landlord does not notify the Tenant(s) or return the deposit within 14 days, the Tenant(s) is/are legally entitled to get the Security Deposit back in full. Be aware however, that judges rarely award Tenant(s) the security deposit on these grounds alone.
If Tenant(s) has not given the Landlord a forwarding address or have a complicated situation (damaged the property for example), then the Tenant may not get the deposit back. Tenant will still be liable for damages that the Landlord can actually prove beyond normal wear and tear.