Hello everyone,

I recently moved out of a 4 bedroom townhouse in NW Washington DC, where my roommates and I finished a 2 year lease paying $3500 per month. We gave the landlord a security deposit of $3500 before moving in, 2 years ago.

In the District of Columbia, and by the terms of our lease, the landlord had 45 days to return the security deposit. Tenancy was terminated June 1, 2011, and after 45 days (July 16), we still did not receive the deposit. The landlord did not return our emails and phone calls. Finally, on July 25, we received the deposit with a postmarked envelope July 23 (53 days after lease ended). The landlord deducted over $1000 and gave a list of deductions, however he NEVER notified us in writing before the 45 day period saying that he was going to withhold any money from the deposit.

My question is: even though we received some of the deposit back, by law we are entitled to the full deposit because the landlord did not return it within 45 days. Is this good enough of a case to win our full deposit back in small claims court? In reality, we are pretty steamed at some of the deductions, but feel that it would be easier to nail the landlord on the date issue.

What was on this list that he included?

OK, here's the law:
309.3 Failure by the owner to comply with § 309.1 and § 309.2{Mod Note: which refer to returning the deposit within 45 days} of this section shall constitute prima facie evidence that the tenant is entitled to full return, including interest as provided in § 311, of any deposit or other payment made by the tenant as security for performance of his or her obligations or as a condition of tenancy, in addition to the stipulated rent.

309.4 Failure by the owner to serve the tenant personally or by certified mail, after good faith effort to do so, shall not constitute a failure by the owner to comply with § 309.1 and

309.5 Any housing provider violating the provisions of this chapter by failing to return a security deposit rightfully owed to a tenant in accordance with the requirements of this chapter shall be liable for the amount of the deposit withheld, or in the event of bad faith, for treble that amount.

Now I doubt if you can get the landlord for bad faith for being 8 days late. But if you want to sue for the return of the $1000, under this law, you should win. I am assuming you gave him 30 days notice that you would be vacating.