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Re: Do I sue landlord? Is it worth it? - Landlord Forum thread 247329

Re: Do I sue landlord? Is it worth it? by Anonymous on February 6, 2012 @19:25

                              
Note on security deposit. Customarily, the security deposit is given back after the tenant moves. Unless Delaware is completely different where a tenant just has to write a letter demanding it back while they are still renting that place. That would make the whole point of a security deposit valueless because a person could live there 1 month into their lease and ask for it back and the LL wouldn't have anything to cover for potential tenant damages. You may want to recheck the law/codes to make sure you interpreted it correctly. I suspect that you are only entitled to it back after you have moved out of the unit and the LL has 20 days from that date to return minus any deductions and explanation.
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Re: Do I sue landlord? Is it worth it? by Jon (Delaware Landlord) on February 6, 2012 @19:28 [ Reply ]
I think the OP is confusing the code. The Landlord must provide the location of the security deposit IF requested. The LL has to show that it is in an escrow account and not mixed with other funds. No time limit that I am aware of.

The other is the 20 days in which the LL has to return a SD after tenant moves out.

    Re: Do I sue landlord? Is it worth it? by Gail K (GA) on February 6, 2012 @19:34 [ Reply ]

    70 Del. Laws, c. 513, § 3.;

    § 5514. Security deposit.

    (a)(1) A landlord may require the payment of security deposit.

    (2) No landlord may require a security deposit in excess of 1 month's rent where the rental agreement is for 1 year or more.

    (3) No landlord may require a security deposit in excess of 1 month's rent (with the exception of federally-assisted housing regulations), for primary residential tenancies of undefined terms or month to month where the tenancy has lasted 1 year or more. After the expiration of 1 year, the landlord shall immediately return, as a credit to the tenant, any amount in excess of 1 month's rent.

    (4) The security deposit limits set forth above shall not apply to furnished rental units.

    (b) Each security deposit shall be placed by the landlord in an escrow bank account in a federally-insured banking institution with an office that accepts deposits within the State. Such account shall be designated as a security deposits account and shall not be used in the operation of any business by the landlord. The landlord shall disclose to the tenant the location of the security deposit account. The security deposit principal shall be held and administered for the benefit of the tenant, and the tenant's claim to such money shall be prior to that of any creditor of the landlord, including, but not limited to, a trustee in bankruptcy, even if such money is commingled.

    (c) The purpose of the security deposit shall be:

    (1) To reimburse the landlord for actual damages caused to the premises by the tenant which exceed normal wear and tear, or which cannot be corrected by painting and ordinary cleaning; and/or

    (2) To pay the landlord for all rental arrearage due under the rental agreement, including late charges and rental due for premature termination or abandonment of the rental agreement by the tenant; and/or

    (3) To reimburse the landlord for all reasonable expenses incurred in renovating and rerenting the premises caused by the premature termination of the rental agreement by the tenants, which includes termination pursuant to § 5314 of this title, providing that reimbursement caused by termination pursuant to § 5314 of this title shall not exceed 1 month's rent.

    (d) Where a tenant is required to pay a fee to determine the tenant's credit worthiness, such fee is an application fee. A landlord may charge an application fee, not to exceed the greater of either 10 percent of the monthly rent for the rental unit or $50, to determine a tenant's credit worthiness. The landlord shall, upon receipt of any money paid as an application fee, furnish a receipt to the tenant for the full amount paid by the tenant, and shall maintain for a period of at least 2 years, complete records of all application fees charged and amounts received for each such fee. Where the landlord unlawfully demands more than the allowable application fee, the tenant shall be entitled to damages equal to double the amount charged as an application fee by the landlord.

    (e) If the landlord is not entitled to all or any portion of the security deposit, the landlord shall remit the security deposit within 20 days of the expiration or termination of the rental agreement.

    (f) Within 20 days after the termination or expiration of any rental agreement, the landlord shall provide the tenant with an itemized list of damages to the premises and the estimated costs of repair for each and shall tender payment for the difference between the security deposit and such costs of repair of damage to the premises. Failure to do so shall constitute an acknowledgment by the landlord that no payment for damages is due. Tenant's acceptance of a payment submitted with an itemized list of damages shall constitute agreement on the damages as specified by the landlord, unless the tenant, within 10 days of the tenant's receipt of such tender of payment, objects in writing to the amount withheld by the landlord.

    (g) Penalties. --

    (1) Failure to remit the security deposit or the difference between the security deposit and the amount set forth in the list of damages within 20 days from the expiration or termination of the rental agreement shall entitle the tenant to double the amount wrongfully withheld.

    (2) Failure by a landlord to disclose the location of the security deposit account within 20 days of a written request by a tenant or failure by the landlord to deposit the security deposit in a federally-insured financial institution with an office that accepts deposits within the State, shall constitute forfeiture of the security deposit by the landlord to the tenant. Failure by the landlord to return the full security deposit to the tenant within 20 days from the effective date of forfeiture shall entitle the tenant to double the amount of the security deposit.

    (h) All communications and notices, including the return of any security deposit under this section, shall be directed to the landlord at the address specified in the rental agreement and to the tenant at an address specified in the rental agreement or to a forwarding address, if provided in writing by the tenant at or prior to the termination of the rental agreement. Failure by the tenant to provide such address shall relieve the landlord of landlord's responsibility to give notice herein and landlord's liability for double the amount of the security deposit as provided herein, but the landlord shall continue to be liable to the tenant for any unused portion of the security deposit; provided, that the tenant shall make a claim in writing to the landlord within 1 year from the termination or expiration of the rental agreement.



    Seems to me the real issue (and perhaps the OP is asking this) is is it worth it to sue a druggie landlord?

    If the security deposit has gone up the landlords nose or into their arm, how is the tenant going to collect even if they win their case?

    Gail
      Re: Do I sue landlord? Is it worth it? by Anonymous on February 6, 2012 @21:02 [ Reply ]
      The tenant should go after the rental property!
      Re: Do I sue landlord? Is it worth it? by Jon (Delaware) on February 6, 2012 @21:06 [ Reply ]
      Seems to me the real issue (and perhaps the OP is asking this) is is it worth it to sue a druggie landlord?

      If the security deposit has gone up the landlords nose or into their arm, how is the tenant going to collect even if they win their case?


      How is this any different than a landlord suing a deadbeat tenant that will never pay? The law is the law and it is there for both the tenant and landlord. It is supposed to give both parties an opportunity to prove thier cases and a higher authority to decide what's right by law. Anyone can sue...getting paid is a whole different matter. (I know, I have a judgement for $2800 that I will NEVER see).
      Re: Do I sue landlord? Is it worth it? by David (Delaware) on February 7, 2012 @07:23 [ Reply ]
      Actually I don't know if you retyped or got yours from another state or what happen.
      Here is the link to the government website link: http://attorneygeneral.delaware.gov/consumers/protection/brochure/landlordcode.pdf

      It states: Security Deposit 5514 subsection b
      How the security deposit must be treated.
      i. Where located.
      A security deposit must be held in a federally insured bank with an office within the State of Delaware. The account must be called a security deposit account and cannot be used in the operation of the business of the landlord.
      The landlord must disclose to the tenant the location of the security deposit account. If the landlord fails to disclose the location of the security deposit account within twenty (20) days of the receipt of a written request, the landlord must return the security deposit to the tenant. If the landlord fails to return the security deposit to the tenant within an additional twenty (20) days, the tenant is entitled to receive double the amount of the security deposit from the landlord.

      AND you are right. The main is issue is it worth suing a druggie landlord.

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