Have not recieved security deposit?

It's almost been two monthes since I have moved out of my apartment. The lease said that I would get the SD back in 45 days after moving out and I still have not recieved it. For the last week and a half everytime I call the office they tell me my check is in the mail. Can I go after them for more money?I also don't owe them anything from my SD, when I moved they precheck the apartments before they take the keys and made me sign a paper saying that I would get the full SD back.I am just curious if there is any legal action I could take because this wasn't a cheap Sercurity deposit.

Tough situation to be in...
once you leave they can claim all sorts of damages...

two months is time enough....
send certified letter to them....
if no quick response---small calims court..
you can recover these costs also...

You have to get your security deposit back now. There is nothing they can do. Legally since the deposit was not returned in a timely manner they can't keep a dime of it.

Go and get your check. Laws vary from state to state but where I am from they only have 14 days to notify you of any damages and I believe 30 days to return the deposit.

Take them to small claims court if you do not get your check when and if you are able to go there. You will receive it back without question. (Probably when they get served if it comes to that.) In some states they will award double back.

Hope this helps and Good Luck!

Laws vary by jurisdiction, you may want to consult a lawyer in your area.

Generally a landlord has a reasonable time to return any deposit or provide an accounting of what the deposit was used for. In Nevada, a landlord has 30 days. If the deposit is not returned or an accounting provided, the landlord may have to pay damages, up to the amount of the deposit, in addition to the deposit amount.

Basically, you will spend a lot of time in Small Claims Court and the most you can hope for is double the deposit amount; but it may be well worth it!


NRS 118A.242 (2) Upon termination of the tenancy by either party for any reason, the landlord may claim of the security only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to him personally at the place where the rent is paid, or by mailing it to him at his present address, or if that address is unknown, at the tenant鈥檚 last known address.

3. If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, he is liable to the tenant for damages:

(a) In an amount equal to the entire deposit; and

(b) For a sum to be fixed by the court of not more than the amount of the entire deposit.

4. In determining the sum, if any, to be awarded under paragraph (b) of subsection 3, the court shall consider:

(a) Whether the landlord acted in good faith;

(b) The course of conduct between the landlord and the tenant; and

(c) The degree of harm to the tenant caused by the landlord鈥檚 conduct.

Good luck!