Legal Question in Real Estate Law in Connecticut

Return of Security deposit

Our rental contract expired on Aug 31 2002. We moved out 2 weeks earlier but agreed to pay the full month's rent as long as we would have no legal responsibility for the property once we returned the keys which we did so by certified mail on August 15th along with our new address for the return of our $4300 security deposit. We had attempted to arrange a walk through inspection of the property two or three times before we moved out but each time the landlord cancelled at the last minute. We therefore used a cam recorder to show that the place was spotless and their was no damage beyond normal wear & tear. The landlord later agreed with this assessment by phone. We have still not recieved our deposit. Can we already sue for double this amount or must we wait until 30 days after the contract runs out. How do we go about suing for this amount without having to pay most of it in lawyers fees and how long does the process usually take? What do we do if the landlord returns part of our money before next week's dealine and keeps some for dubious ''damages''? If they send us the full amount say on Sept 2nd can we deposit the check and still sue for double damages? Please advise...


Asked on 9/23/02, 12:46 pm

1 Answer from Attorneys
Thomas Noonan Attorney Thomas F. Noonan L.L.C.

Re: Return of Security deposit

I assume this is residental property and I am responding as such. If you gave the landlord the proper notice as required by your lease, which I assume you had, the landlord has to give the security deposit plus interest based on the current rate set for the year(s) he had the deposit, less any damages or offsets that you agreed to pay under the lease agreement. The Landlord has thirty days to respond by paying you the security deposit plus interest or giving you a statement of the deductions he has charged you for damages or other deductions provided for in the lease--at the last forwording address you gave him. If he tries to deduct damages or other charges that you think are unjustified, you will have to bring an action against him in the housing court. If you want to do it youself to avoid any legal fees, that's up to you. I would talk to an attorney, if you don't get you full deposit back plus interest. It's up to you to retain an attorney at a fee that you agree to or to do it yourself and risk be oposed by an attorney in the action. I hope this helps you, but I would caution you that a month delay is not favored by the court for starting an action. Try to work it out with the landlord, before bringing an action right away. Hope this helps, Tom Noonan.

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Answered on 9/24/02, 12:13 am


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