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Posts: 5
Reply with quote  #1 
I returned a security deposit check.  Its been 2 months since they received it and they have not cashed it.  They have no complaints nor have they tried to contact me with any problems they had with my deductions which was minimal.  How long do they have to hold out on me?

Posts: 3,814
Reply with quote  #2 

Perhaps they lost or misplaced the check and are afraid to ask for another.  Why not call them and tell them that the check has not come across you statement yet?  (In rare cases, someone can cash a check and it just gets lost in the system.  I had this happen once for a magazine subscription.  Magazine company swore they cashed it but it never cleared my bank or was taken out of my account.)  If not, ask your bank how long they will honor that check before they would reject it.


Posts: 1
Reply with quote  #3 

I was just wondering if there is a statue of limitation for a tenant to sue a lanlord. I had a tenant that left Feb 28 2010. I sent them accounting for the deposit and asking them more for the damages that was done. I did want to do a walk out middle of February but says she will be painting and cleaning. I tried to call her again and to no avail. We went in to the property first day of March and was really disappointed of the damages, garbage etc. After three months they are putting me in court on July 20th. Please give me some advice.


Posts: 3,814
Reply with quote  #4 
There is.  But it is the same as the statute of limitations for any written contract.  In WA, this is 6 years.  The case is well within that statute.  If they returned the keys and you sent them the deposit statement within 14 days of retaking possession, you can win the case.  Just show the before and after photos, the receipts for repairs, and you should do fine.

Posts: 2
Reply with quote  #5 


Posts: 10
Reply with quote  #6 
I would have to agree with OHlandlord on the contacting them. It is possible that have lost the check or had it damaged. This can be easier to do then you think, especially when in a new place with things not completely organized. The check might have also been damaged. 

You will probably have to write a new check any way since checks do have a time frame before they expire. 

There is not much else you can do beyond that without knowing more.

__________________ tenant screening is the first step to a good tenant landlord relationship.

Posts: 2
Reply with quote  #7 
Originally Posted by OHlandlord
 If they returned the keys and you sent them the deposit statement within 14 days of retaking possession, you can win the case.  

What if a tenant moves out and leaves the keys but no forwarding address or telephone number? They stated they expect their full deposit, but there was much cleaning and work left for me. Now that it is finished I have no way to contact the former tenant.

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Posts: 369
Reply with quote  #8 
You always do.  You mail the security deposit to their last known address which is your rental unit.  Check your state laws -- in Wisconsin, any unclaimed money gets sent to the state and the state holds it.  The tenants can pick up unclaimed money from the government.  If they don't pick it up after X time, then the government keeps it.  But this way you've done your legal obligation.
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