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Can my landlord keep my security deposit without an itemized list?

Can my landlord keep my security deposit without an itemized list?

Full question:

My landlord wants to keep my security deposit for 'repairs' but has not provided an itemized list within 45 days (the DC requirement). I've asked to have it on that basis--that she missed the deadline--but she refuses and has threatened a countersuit. Should I proceed, knowing that I have the only rights to the deposit, or does she have some claim or the ability to extend that deadline?

Category: Landlord Tenant
Subcategory: Security Deposit
Date: 04/07/2025
State: District of Columbia

Answer:

According to D.C. law, landlords must return the security deposit or provide an itemized list of deductions within 45 days after the tenancy ends. If they fail to do so, it is considered prima facie evidence that the tenant is entitled to a full refund, including any interest (D.C. Code § 42-3502.1). This means that since your landlord did not provide the required itemization within the specified timeframe, you may have a strong case to claim your full deposit back.

If your landlord threatens a countersuit, it’s essential to understand that their failure to comply with the law may weaken their position. However, it’s advisable to consult with a legal professional to discuss your specific situation and potential next steps.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if the landlord doesn't return a deposit in Indiana?

In Indiana, landlords must return the security deposit within 45 days after the tenant vacates the property. If they fail to do so, tenants can file a claim in small claims court for the return of the deposit. Additionally, if the landlord does not provide an itemized list of deductions, the tenant may be entitled to the full deposit amount. It's important to document all communications and seek legal advice if necessary.

What is the law on security deposits in Indiana?

Indiana law requires landlords to return security deposits within 45 days after the tenant moves out. If deductions are made, landlords must provide an itemized list of those deductions. Failure to comply with these requirements can result in the tenant being entitled to the full deposit amount. Tenants should keep records of their rental agreements and any correspondence regarding the deposit.

What is an itemized list for security deposit?

An itemized list for a security deposit is a detailed account of any deductions a landlord makes from the deposit. It should include specific charges for repairs, cleaning, or damages, along with the associated costs. This list must be provided to the tenant within the legally required timeframe, which varies by state. Without it, landlords may lose their right to withhold any portion of the deposit.

What is the law on security deposits in Massachusetts?

In Massachusetts, landlords must return security deposits within 30 days after the tenant moves out. They are also required to provide an itemized list of any deductions. If they fail to do so, tenants may be entitled to the full return of the deposit, including interest. It's crucial for tenants to understand their rights and keep records of their rental agreements.

What is the security deposit law in DC?

In D.C., landlords must return a tenant's security deposit or provide an itemized list of deductions within 45 days after the tenancy ends. If they do not comply, tenants are entitled to a full refund of the deposit, including any accrued interest. Tenants should be aware of their rights under D.C. law and may want to seek legal assistance if their deposit is not returned appropriately.

What is the security deposit law in Indiana?

In Indiana, landlords are required to return security deposits within 45 days after a tenant vacates the property. If deductions are made, an itemized list must be provided. Failure to comply with these laws can result in tenants being entitled to the full deposit amount. Tenants should document their rental agreements and any communications regarding the deposit.