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How are security deposit disputes resolved?

An unlawful detainer cannot resolve disputes about the disposition of the tenant's security deposit after the tenancy has ended. If the landlord does not return the security deposit to the tenant within 21 calendar days after the tenant has vacated the premises or if the tenant disagrees with the amount of the security deposit that was returned, the tenant may write a letter to the landlord requesting that the security deposit be returned. If the disagreement is not resolved informally, the tenant may contact a mediator, a lawyer, a local low cost legal agency for assistance, or the tenant may file a civil action. Usually these cases are filed in Small Claims Court because the Small Claims Court has authority to award up to $5,000.00 in damages, and the parties represent themselves—you cannot have a lawyer represent you in Small Claims Court. If the tenant is owed more than $5,000.00, the action should be filed in Superior Court.

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Last modified: 03/17/2008

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