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Guide Home Site Map Renting Laws Apartment Life FAQ Legal Help Appendix Links Legal Aid Network Home Page This website provides information on renting for residency in Lexington, Kentucky. Renting laws change from city to city, and from state to state. You should NOT assume any of the information provided in this website applies to an area outside of Lexington.

>Renting Laws   >Security Deposits   >Getting your deposit back

Getting Your Deposit Back

If you fulfilled all the terms of your lease, left no financial obligation to the landlord, and left the apartment in the same condition as when you moved in (minus "normal wear and tear"), you are entitled to a full return of the security deposit. You should either collect the security deposit in person or leave a forwarding address with the landlord so the landlord can return the deposit. (In Appendices there is a Sample Release Form; if your landlord signs a form like this after you move out, then s/he cannot keep your deposit.)

When Can The Landlord Keep Your Deposit?

If You Have Not Heard From Your Landlord About Your Deposit

Living With One Or More Roommates

When Can The Landlord Keep Your Deposit?

• The landlord must “Walk-Through” the apartment with you both when you move in and when you move out. During this Walk-Through, the landlord is to make a list of all damages so there is a record of what you did and did not break. You must both sign and date the Damage Lists.

• The Damage List is the basis for the landlord to keep any of your security deposit. The landlord must also send you an estimated dollar cost for repairs.  If s/he doesn't do either of these things, s/he cannot keep any of your money.   However, if you end up taking the landlord to court for the deposit, you cannot prove you did not damage the apartment without a Damage List.

• The landlord must have your current address to reach you.  After you have moved out, if you do not owe any money to the landlord, then s/he must notify you of your Security Deposit refund. 

• Once you receive notification you must respond to the landlord to get your money. The landlord must then receive a response from you within 60 days from sending the notification. If not, the landlord may legally keep your deposit. 

• If you move out without paying the last month’s rent, the landlord may use your security deposit to pay off your debt.  S/he must wait for 30 days after not hearing from you before keeping your money.

• If you damage the apartment while you are living there, and the landlord has all the necessary documentation, s/he will keep your deposit. If the damages exceed the amount of the security deposit, the landlord can sue you to recover the rest of the damages.

The law does not specify when security deposits are to be returned to the tenant. Often this is included in the lease (90 days is a standard number), but it is not required. Landlords usually will not try to keep your money. If your deposit is unfairly withheld, most likely the landlord does not have your new address. This is not always the case, so be cautious.

If You Have Not Heard From Your Landlord About Your Security Deposit:

1.  Do not wait around. CALL the landlord and explain the situation.

2.  Give the landlord enough time to call you back and/or send you your money.

3.  If s/he does not respond, send a LETTER to the landlord explaining the situation. SIGN and DATE it, make sure your new address is on it, and keep a copy.

4.  Give the landlord enough time to fairly respond to your attempts at communication.

5.  If the landlord still does not send you your money, CALL again and threaten to take him/her to court. At this point you may want to contact Tenant Services and get some advice. They can call the landlord for you and explain the legal situation to the landlord.

6.  If a significant amount of time has passed and the landlord does not return your money, you know s/he has your new address and phone number, and you are sure s/he is neglecting you, you can take the landlord to small claims court. However, TAKING THE LANDLORD TO COURT IS A LAST RESORT. You need to have documentation of the amount of the security deposit and the Damage List mentioned above. 

Living With One Or More Roommates:

All of the tenants who sign a lease are jointly and severally liable for all of the conditions of the lease (see Sharing An Apartment). Unless the lease states otherwise, the landlord may return the deposit, or the balance of the deposit that remains after deductions, to one or more of the tenants. The landlord is not required to determine which tenant is responsible for what damage. It is up to the tenants to determine among themselves which tenant is responsible for which deductions and to collect amounts owed from one another. It is helpful for the tenants to come to an agreement ahead of time about: who should receive how much back? and Who is responsible for what damage? All the roommates should sign and date this agreement. Give this agreement to your landlord and request that s/he divide and return the deposit accordingly (the landlord is not obligated to do this, but may be willing to comply with your wishes if all the roommates have agreed).

 

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