What can we do about our landlord not giving our deposit back?

Question

We lived in a house for a year. We paid a $500 deposit. Our lease was for one year, and we moved when it was up. We never had any problems in the house, or with the landlord.

When we moved out our landlord was out of state. He asked us to give the keys to the new tenant since he'd be gone. He also said when he came back to town the next week he would get us our deposit. That did not happen. We have been living in our new place for 3 and a half weeks and have still not gotten the deposit from him.

Every time we call him he refuses to meet us anywhere to exchange the check. He continually tells us that he will mail the check, he just forgot, didn't have time...etc...

Our question is what can we do now to get our deposit back as soon as possible The missing money is putting a strain on our finances.

Btw, we live in Kansas.

Answer 1

Under Kansas law, the landlord has 30 days from the date you left the premises to mail the deposit back to you.  So far, your landlord appears to be within KS law.

Answer 2

If he is refusing to meet you or to send the deposit back, you need to review the terms of your lease agreement.  It should clearly state when the deposit is to be returned and under what circumstances.  Send him a certified letter with a return receipt and include a copy of your lease agreement highlighting the portion regarding the deposit.  Politely but firmly state in the letter that you expect the deposit to be returned by a certain date and that if he fails to do so, you will have no choice but to file suit against him in small claims court.  The letter and the return receipt will be your evidence in court that you have attempted to get your deposit back.  

Answer 3

Kansas law regarding the return of security deposit:  The landlord must return the deposit within 30 days or the remainder of the deposit and an itemized list of deductions. If he or she doesn't comply, tenants may sue for 1 1/2 times the security deposit in small claims court if the amount is less than $1,800.  If it were me, I would call him, or send a certified letter stating this law, and tell him that you plan to follow through if he doesn't follow the law.  You would most likely win in court.

Answer 4

He has 30 days to return your deposit, but you may still have a problem. He was out of state and someone else moved in before he inspected after you left. He could say there were damages he is withholding for. Once 30 days pass you could file in small claims court, but unless you have pictures of how you left it, it's going to be your word against the landlords

Answer 5

I attended a class by the local Small Claims Court judge.  He got really mad at landlords who don't return deposits quickly.  You will be awarded three times the amount of the deposit by the judge.  That's the law.  So pay the $35 at the courthouse and fill out the notice (10 day?)  for the return of your deposit.  In the future you will videotape your move in and move out.  You will demand that a representative of the landlord do a final walkthru and sign a paper saying it is ok.  /