How long should you wait before expecting your landlord to return your deposit to you??

Question

We moved out 26th June this year and up until now, our landlord still hasn't returned us the money.
Thing is we sent him notice of termination of tenancy way back in June (we were on a 1-year tenancy agreement and we stayed until the 26th June when the tenancy ran out). We were good tenants, left the unfurnished flat in pristine condition and cleaner than when we moved in, and we always paid our rent on time. So we called him up at the end of July to chase up on the deposit return and he sounded real friendly on the phone and said he was truly very busy, will do it a.s.a.p. etc.
Now a month after the call and 2 months after we moved out, still no sign of the money. Is he taking the p*ss??
He is a lawyer by the way, works in an established law firm which deals with many things, including commercial property law, so we think he probably knows his way around the law and probably isn't doing anything illegal by taking so long to return the deposit. Should we wait any longer for the ££?

We also found out from local courts that we would have to pay a non-refundable £80 court fee if we decide to take this issue to a small claims court to get our money back.

Answer 1

This is well past time. unfortunately, some landlords like to milk any deposit money for all it is worth. This often happens with lawyers, because they find many people are hesitant about taking one to court. Don't assume he isn't breaking the law. Most lawyers know you can break or bend the law many ways unless someone calls you out on it.


First step, send a registerd/certified letter to him demanding payment of the deposit in full, or if there is no payment, an itemized list of charges against the deposit with receipts of expenditures. Inform him in the letter that if you have not received the deposit returned within 7 days that you would be forced to take legal action, and that you would petition the courts for him to be required to pay all legal, court and collections costs.

Then, if he does not pony up the deposit, kick in the money and take him to court.

Answer 2

Take him to small claims court and tack on the 80 quid.

Send him a letter by recorded delivery advising him to return the deposit IN FULL within 3 working days or you will file in small claims court.

Answer 3

You need to do some research Rachel on tenant-landlord law in your area.

As a landlord in the state of Illinois in the US, I have to provide a list of any deductions from the security deposit within 30 days and return the balance of the security deposit within 45 days.

Answer 4

It is usually within reason for him to inspect the property and assess the damages before the deposit is returned. In this case he has had more than enough time.
You need to contact him in writing as soon as possible and in business like terms ask for the return of your deposit. It may be that he is this busy but it is doubtful.

Answer 5

He should have returned it by now. Send him a letter with a deadline after which you will file a suit. You should recover all the costs of filing if you request them from the court. Another alternative is to call the senior partners of his firm (assuming he is not self-employed) and talk to them about it.

Answer 6

Because you used the term pounds instead of dollars I am assuming this isn't in the USA?

Most states here have a renter's hotline that spells out tenant rights.

Please check your local phone directory for any such listing in your area. Find out your rights especially if you are dealing with a legal professional.

Answer 7

well, i finally figured out that you're in Britain from the 80 pound fee.

you need to search tenant law for your area as I'm not sure if it is the same in England, Scotland, and Wales [I'm a Yank].


then you can decide what to do short of paying the 80 pounds.


:-)

Answer 8

send a certified letter documenting everything. put it in writing.