Kansas Letter - To Tenant In Response To A Challenge To The Security Deposit Refund
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FAQ
You ought to have issued legal notice to the landlord before vacating the premises. Issue a lawyer's notice now to him expressing your intention to vacate and claim the recovery of the advance deposit. 2. If he refuses to refund the deposit then you may file a lawsuit for recovery along with interest against him.
According to California security deposit laws, after a tenancy is terminated, a landlord has 21 days to return the tenant's deposit in full.
A landlord can typically charge a tenant for cleaning needed to return the property to the condition at the time the tenant moved in. But, a landlord can not charge the tenant extra or use the security deposit to pay for normal wear and tear.
Dear Landlord's Name, I am writing to request that you return my security deposit in the amount of $. I vacated my rental unit at rental address on move out date and left it in excellent condition, which you acknowledged on our final walkthrough.
Kansas state law limits how much a landlord can charge for a security deposit (one month's rent if the residence is unfurnished and one and one-half months if it's furnished; additional deposit can be added for pets), when it must be returned (within 30 days after a tenant moves), and sets other restrictions on
The landlord must return the balance of the security deposit to the tenant within 14 days after the determination of the amount of his "expenses, damages or other charges" but in no event should the landlord take any more than 30 days to get that done. K.S.A. 58-2550. The law requires the tenant to be entirely vacated.
Damage in Kansas. Normal Wear and Tear refers to the deterioration that occurs as a result of use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests.
If a landlord does not return the entire amount of the tenant's security deposit within the 21 days required by law, and the tenant disputes the deductions from the deposit: The tenant can write a letter to the landlord explaining why he or she believes he or she is entitled to a larger refund.
If your landlord holds your deposit (so should be protected in the Insured scheme), the landlord should pay your deposit back within 10 days of your request for the deposit to be returned. A tenant cannot request the return of their deposit before the tenancy ends.
You'll need to take your landlord to the small claims court to get your money back. You'll usually have to pay some court costs to go to small claims court - you should get the costs back if you win your case.
