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Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20363
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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I moved out of a rental unit September of last year. My

Customer Question

Hi, I moved out of a rental unit September of last year. My landlord made some deductions from my security deposit and sent me a check.
Here are a few facts:
-The refund was later than 21 days
-There were no receipts of the said deductions
-He had an estimate from a construction company, yet ended up paying similar amount to a individual at a 'design' company
When I got the check I didn't deposit it immediately as I wanted to address these issues, yet unfortunately my world turned upside down and I never went to bank with check until after 6 months. I was not able to deposit the check. He is willing to write me a new check for the exact amount, but here is my question:
Is there a statute of limitations for me to have made my claim for the above mentioned reasons and/or to get my money back? Basically, is it worth it to pursue legal actions for his non-compliance?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 10 months ago.


Thank you for the information and your question. There is a statute of limitations for filing suit in small claims court for the return of your security deposit. The SOL is 3 years for rights governed by statute, which this security deposit issue is. So, you still have time to file your suit for the return of your entire deposit.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 10 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 18th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.