[ERCOHN]

Is anyone familiar with the specific security deposit laws in CT? We have not received our security deposit back from our previous landlord in Milford and it has been over 30 days. She said she would send and confirmed we left the apartment in good shape. What actions can we take now to ensure we obtaint the deposit.

[AmyBergquist]

Here are the rules regarding security deposits... DOB: Rental Security Deposits - Information for Tenants and Landlords

Make sure you also get your interest back too...

Here's where you can go for help... DOB: Connecticut Rental Security Deposit Questions or Complaints

Good luck!

[jjh3d]

Connecticut law says that your landlord has 30 days to either return your deposit or provide a written accounting of why some or all is not being returned (i.e., damage repairs). However, the 30 days does not begin to run until you provide the landlord with your new mailing address in writing (landlord will have 15 days if you provide the notice after 15 days of leaving).

If the landlord fails to return (or provide accounting) in 30 days, he/she can be liable for double the amount. You will have to go to Small Claims court ($35 entry fee).

Good luck

[fishdipper]

hi - i have a unique situation here and hope someone can provide advice. in my case i sent the address using certified mail/returned receipt - however my landlord did not take delivery nor collect it from the post office and subsequently the mail returned to me.

it has been 45 days since my lease ended and 20 days since i sent the address. my landlord is virtually uncontactable by phone and voicemail always full (as has been the case throughout my lease)

should i file a formal complaint - do i have a case here given that she didnt receive the address - although it is her fault for not going to collect the mail.

thanks

[KH02]

I personally would try to re-send the check to her.
But, I would rewrite the check and minus the amount of money it cost me to send it certified (usually around 4 or 5 dollars) as it is her fault that you will need to pay that fee again.
IF you STILL cant contact her. I would stop and keep the reciepts from trying to send it both times, THEN wait for her to contact you, ball would be in her court at that point.

[fishdipper]

thanks KH02 for the reply - just to clarify - i am the tenant and am awaiting for her(the landlord) to return my deposit. do i have a case in the small claims court based on her non-receipt of the mail i sent to her?

[trishguard]

Security Deposit Investigator
Connecticut Department of Banking
260 Constitution Plaza
Hartford, CT 06103-1800
Telephone: (860) 240-8154 or toll-free 800-831-7225
Fax: (860) 240-8178


DOB: Rental Security Deposits - Information for Tenants and Landlords

[ElleElle]

Originally Posted by ERCOHN

Is anyone familiar with the specific security deposit laws in CT? We have not received our security deposit back from our previous landlord in Milford and it has been over 30 days. She said she would send and confirmed we left the apartment in good shape. What actions can we take now to ensure we obtaint the deposit.

-----------------------------------

Hi:
With regard to security deposits,
Both and/or either the amount and/or if a return is due depends upon 1). the terms as stated in the leasing agreement (i.e., whether or not the security deposit is non-refundable) and/or 2). If the apartment check at the time you left was verified as the apartment being in the same or better condition as at the time you moved in.

The best thing to do is to always have the manager (not the valet) do the exit inspection when moving out and you usually get a copy (or Xerox) of the written inspection (same day) so you know exactly what the issues were with the apartment. If everything is in the same or better condition, you get a full refund, if there are ‘damages’ then they deduct in part or in whole as they will have to repaint and repair, etc…, so that may affect the amount and whether or not you actually will get a refund on your security deposit.

Hope this helps.

Good luck
“Elle” [bka Mrs. Johnson-Reeves (KarateWife/Super-Waif extraordinaire)]

[heather121]

Originally Posted by trishguard

Security Deposit Investigator
Connecticut Department of Banking
260 Constitution Plaza
Hartford, CT 06103-1800
Telephone: (860) 240-8154 or toll-free 800-831-7225
Fax: (860) 240-8178


DOB: Rental Security Deposits - Information for Tenants and Landlords

This is the course that I am taking with my previous landlord to get my deposit back (he also did not send a letter w/i 30 days, then claimed that he did, and sent us a copy of an undated, uncertified letter with unitemized 'damages' ) However, according to the Dept. of Banking, the previous Security Deposit Investigator left at the end of July, and they just hired a new person a couple weeks ago...so they are about 6 weeks behind schedule So if you need a quick solution, small claims would be the way to go.

[jjh3d]

I suggest that you re-send the letter REGULAR MAIL and simultaneously file the small claims. Be sure write in 2X the amount of your deposit in the box where you indicate how much you are suing for. Then in the narrative part be sure that you are clear that your security deposit was X, you sent the certified and 30 days have gone by, therefore you are owed 2X. Attach a copy of the unclaimed certified mail.

You then have a hearing. You will win. No small claims magistrate (judge) is going to look fondly on a landlord who tries to be cute by declining certified mail from a tenant. This is especially true when the landlord fails to show up, which he/she certainly will.

Once you get the court judgment in the mail saying that you won, search the land records for real estate owned by the landlord (he may no longer own the place you rented from him). Then take the judgment and the address to a lawyer to prepare and file a judgment lien. The town/city will charge $53 to file it, your lawyer maybe $100-$200.

(If he owns no real estate, then you can try to execute on a bank account if you can find one. There is a court form for this. It's getting a little tricky now.)

Then sit around and wait for your landlord to sell or refinance and you will get paid. If he gets foreclosed on then you'll likely never see a dime. Good luck.

PS Be sure to sue him in the EXACT name of the real estate he owns. You should really check the real estate ownership FIRST, before suing.