North Dakota Complaint - Lessor Failure to Return Security Deposit

State:
Multi-State
Control #:
US-01622
Format:
Word; 
Rich Text
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Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

A landlord is required to pay interest owed on a security deposit to the tenant annually. If you paid more than one refundable deposit, like a pet deposit in addition to a security deposit, you can add those amounts together when calculating the interest you are owed.

However, interest is not required to be paid if occupancy was shorter than nine months in duration (ND Century Code 47-16-07.1(3)). Any security deposit in excess of $50 or one month's rent, whichever is greater, shall bear interest at a rate of 5% per year.

How much can the deposit be? No more than two months' rent for an unfurnished unit. For a furnished unit, the deposit cannot be more than three months' rent.

The terms ?security deposit? and ?damage deposit? mean the same thing under North Dakota law. The tenant can be required to pay a security deposit of up to one month's rent + an additional if the tenant has a pet, not to exceed the greater of $2,500 or two months' rent.

If 21 days pass and your landlord still hasn't returned your deposit, or explained why it is not being returned, you can sue in Conciliation Court. If the landlord responds to your letter but keeps all or part of your deposit but you don't agree with the reasons you can try to work it out.

The security deposit and an itemized list of deductions must be returned to you within 30 days of moving out. The landlord can deduct for damages to the property or unpaid rent but not for normal wear and tear.

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North Dakota Complaint - Lessor Failure to Return Security Deposit