Before a landlord can legally be called to task on a rental property’s defects, in most instances, the tenant must provide the landlord with advanced notice and an opportunity to cure the defects. To learn how to allow a landlord to cure, please consider reading our article: https://tenantsclinic.com/free-put-your-landlord-on-notice-of-failing-to-make-repairs/
Once a tenant allows the landlord to cure a defect that the landlord must cure, and the landlord fails to cure, then the tenant will have a right to terminate the lease.
The lease termination should inform the landlord of the following:
- The date the tenant will return the rental property to the landlord.
- The requested date of the move out inspection. I suggest a date that will give the tenant time to make any corrections to the rental property that the parties agree to complete due to the landlord’s suggestions at the inspection.
- Your forwarding address. Note, your forwarding address does not necessarily have to be your new address. However, the forwarding address should be in the control of someone who could testify that your security deposit was not returned to that address.
Next, it’s time to move out and to do the move out inspection. Need some free moving tips? If so, consider reading our article: https://tenantsclinic.com/free-moving-tips-from-the-perspective-of-tenants-clinic/
After moving out, the landlord will have a maximum of thirty (30) days to inform the tenant on how the landlord intends to deal with the security deposit. If the landlord plans to contest the lease termination, the security deposit notice should indicate such.
Therefore, after thirty-five (35) to forty (40) days after moving out, if you do not receive a notice from the landlord, let us know. Also, before responding to any emails from the landlord or property manager relating to the security deposit notice, please let us know. Of course, if you receive any notices, statements, or collection activity in the mail or via delivery, let us know as well.
It is essential for strategic reasons not to contact the landlord before the forty days to request a security deposit status. However, after the forty days, please feel free to ask for a status.
Next, contact your attorney to prepare your case. We take security deposit cases with no out of pocket money to tenants. Therefore, contact us today!