Security Deposits: General Information for Private Landlord-Tenant

There are different steps to take depending on whether the Tenant has moved out yet or not. These steps do not insure that the Landlord will give back the Deposit, but by doing these steps, it will make it as easy as possible to recover the Security Deposit from the Landlord. 

The District Court has concurrent jurisdiction (i.e. has the power to hear the case also) over disputes involving security deposits in situations where the landlord filed a Summary Possession action against the Tenant in District Court. 

What this means for the Tenant is that the District Court will hear the dispute about the Security Deposit as part of the damages portion of the eviction, rather than the small claims court. If a complaint in the Small Claims division for return of the Security Deposit is filed while Tenant is being evicted, the Tenant's claim will be "joined" with the other Summary Posession. 

If the Tenant moved out and the Landlord did not file a complaint in the District Court to have Tenant evicted, but there is merely a dispute over the Security Deposit, then the Tenant can file a claim in Small Claims court. 

To continue, click on the left side for which situation fits you most: Steps to take if you haven't moved out yet or Steps to take if you have already moved out.