College student, just ended a 1-year lease agreement. Landlord has yet to return security deposit (7 girls). After several calls, 1 girl received a partial payment for her portion -- I assume the rest are to follow. Apparently the landlord is retaining $70.00 per girl, but has not given any explanation of why he is withholding the funds ($490.00). We cleaned the property thoroughly, left no damage but normal wear and tear, and even power washed the house. The new tenants in the house said the only thing he did was paint the front steps. He even let the new tenants move in before we left May 31st. We don't think its fair for him to keep the money, he won't return any calls. How do we proceed? We never sent a demand for deposit letter -- would that be the first step? Again, we are assuming the rest of the checks are in the mail (the one girl who received the check lives local to the landlord). We would like to file a small claims case.

You didn't mention where you are located and when you moved out. In most states the landlord has 30 days to return the deposit but your state may be different.

Go to Chart: Deadline for Returning Security Deposits, State-by-State - Findlaw for the Public - to see your state's requirement. If the landlord has not returned the deposit, or a written accounting of the way the deposit was used within that time then you should definitely file a lawsuit in small claims court. You are not required to send a demand letter first.

We moved out May 31st -- East Stroudsburg PA. Thanks for the quick response and the link, we will definitely try to find more about our rights.

If you sue and the court finds in your favor, then not only does the landlord have to return the entire deposit but the judge can award double that amount. So if I were in your position I would definitely file a lawsuit. Make sure that all 7 of you file the suit together.

You can read the law for yourself at http://members.aol.com/StatutesPA/68PA250.512.html

Good luck!

Send the demand letter, via certified mail return receipt requested and regular mail, and keep a copy. If that prove ineffective then file a motion in small claims court.