With or without the initial inspection, the landlord must provide an itemized statement and a refund check for the remainder of the deposit no later than twenty-one days after tenant’s vacates. The statement must indicate the basis for any amounts deducted from security deposit. If the landlord fails to provide these two items within twenty-one days, the landlord forfeits the right to retain any portion of the deposit. The landlord must return the entire deposit to the tenant and attempt recovery for damage in a subsequent judicial proceeding. If the landlord retains the deposit in “bad faith,” the landlord may be subject to statutory damages of up to twice the amount, in addition to any actual damages the tenant has suffered.
Dolan Law Firm
April 11, 2013