Deadline for Returning Security Deposits by State

 

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant.  As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguements as to the condition of the unit at move out.

State Deadline for Returning Security Deposit
Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

The above chart was obtained from nolo and is deemed reliable at the date of this post.

Back Rent Collection – Get on it Immediately!

Collect your back rent as soon as feasible. Clearly, it is a part of the rent collection procedure and not especially cheerful, however after you let the situation spin out of control, you will make collecting sometimes more difficult. If you do not allow that happen, you will have a significantly simpler occasion receiving rent that is later than usual. The 1st second your renter is behind schedule on money owed, you should step up to the plate!

It is valuable to get on it fast, however be judicious with doing so in person since that could lead to conflict. The ideal thing to do is send out a letter to the renter. The correspondence does not have to be sent certified and is not a legal paper. Be certain to send out your letter to the exact property and have the the required postage on it; this way, the second you mail it, it will be classified acknowledged. The subject of the correspondence must courteously say that he or she must notify you to solve the problem as soon as doable.

When the renter offers you some of the monies, it would be sensible to take it. And you ought to present the renter a receipt for the quantity of money you are handed noting that this is simply some of the money and that they are still obliged to shell out the balance of their money owed.

It is completely within your rights as a property owner to look into how substantial a circumstances your renter may be in. You are permitted to look into if they still have a job. If your original rental agreement does not avoid you from communicating with their employer, you might do so to determine if they are currently working at their job.

Additionally, the Fair Credit Reporting Act lets you to check their credit report once more if they are financially indebted to you (with back monies. Your property application is considered a legal paper and nearly always contains a clause noting that this is allowable.

Although it is inside your privileges to do so, it will not be of much benefit to you. Regardless of the renter maybe being unemployed and carrying extra debt, if they come up with the rent money, you can not send them packing. The only thing that getting this updated information may do for you is to give you personal rules as to how much breathing room you will assign them for closing out the balance of their rent.

What you do not want to have happen, if you can dodge it, is not collecting the rent and still having the renter in the apartment. If this happens, you are left with no options but throwing them out.

The first step is to send your renter a Notice to Quit which is considered a legal paper. This paper tells your late renter that they have a certain duration of time to pay you their back rent (usually between three and fourteen days depending on what city your property is located). If they can come up with the late balance, they are permitted to remain living there. If they can not, they must vacate.

If the renter vacates still owing you back payments, you might have to gather the overdue amount in some other way.

The Fair Debt Collections Practices Act (FDCPA) was established to protect consumers (in this case, your renter) from abuse by debtcollectors. The FDCPA states that a property owner is not considered a debt collector since they are acting on their own behalf. But even though you are not subject to the rules of the FDCPA, you can not use the same abusive and often, corrupt practices that the FDCPA disallows.

If your building is managed by someone other than yourself (for example, a residential property manager that lives on the site or you have hired a property management company to manage your property), they are not considered debt collectors either. This is for the reason that the rental payments are not owed to another individual or property management company. Know that, neither you nor your management company (if they look after your property) can mention a third party debt collector during the collection process. If you do, you are considered a debt collector and are subject to the practices of a debt collector under the FDCPA.

If you discover yourself unable to acquire your back payments paid in it’s entirety, you may have to sue the renter for breech of his rental agreement. If this occurs, you can maintain eviction on your own or hire an lawyer who is more familiar with the legal paperwork needed to complete the process to the courts satisfaction.

So, get on it now!

By Stirling Gardner (The Hollywood Landlord) is a writer and property management expert on StockMarketsReview.com

I currently use Rent Recovery Service collection service, they provide a flat fee program that has been extremely helpful in recovering my money.  Plus I get to keep all the money my tenant’s pay!!!  To find a collection agency visit my site here or visit Rent Recovery Service.