• Guide for renters
• Can my landlord demand a security deposit?
• What happens to my security deposit?
• Does the landlord have to pay interest?
• Can my landlord keep my security deposit?
• When will I get my security deposit back?
• Sample letters and forms
• More information

Guide for Renters

This guide will help you understand when you can get your security deposit back and what you can do if your landlord won’t return your security deposit. It also gives general information about security deposits.

Can my landlord demand a security deposit?

• YES, but the security deposit cannot be more than two months' rent.
• Your landlord can also ask for the first month's rent before you move in.
• If you are 62 or older, your landlord can only ask for one month's rent as a security deposit.

What happens to my security deposit?

The money from security deposits has to go into a separate bank account just for security deposits (called an “escrow” account). This means that the landlord cannot mix your money with his. The law generally does not allow the landlord to touch the money until you move out.

Does the landlord have to pay interest?

YES. Your landlord must pay you interest each year on the anniversary date of your lease. If you have lived in your apartment for a long time and have never gotten any interest payments, your landlord may owe you for overdue interest.

Your landlord does NOT have to pay you interest for any month in which you paid the rent more than 10 days late. BUT IF you were charged a late fee for that month, then your landlord owes you interest for that month even if your payment was more than 10 days late.

The amount of interest your landlord owes you depends on the year. Your landlord must pay you AT LEAST 1.5% INTEREST for every year since 2002. Check with the Department of Banking to find out the rates for other years. You can reach the Department at 860-240-8299 or 1-800-831-7225 or go to http://www.ct.gov/dob/cwp/view.asp?a=2247&q=299048.

Can my landlord keep my security deposit?

Yes. The landlord can deduct rent you owe from your deposit. Your landlord can also deduct the costs of repairing damage that you or your guests caused. Your landlord cannot keep your deposit for normal wear and tear to the apartment.

Does the landlord have to send me a written statement of damages?

Yes. Your landlord must give you a written itemized list of any damages to your apartment that he believes you caused. The statement must list the damage and the actual or estimated cost of repair.

If you disagree with your landlord’s reasons for not returning part or all of your security deposit. (See Form A, below.)

When will I get my security deposit back?

Your landlord must return your deposit within 30 days after you move out.

• You MUST give your landlord a forwarding address IN WRITING.
• Keep a copy of the letter.
• It is best to send the letter by certified mail with RETURN RECEIPT REQUESTED.

Your landlord has 30 days after you move out to either:

(1) Return your full security deposit, plus interest; or

(2) Send you a written itemized list of damages he took out of your security deposit, and return any money that’s left over plus interest.

If you wait more than 15 days after you move out to give your landlord a forwarding address in writing, your landlord has 15 days from when you give your address to return your deposit or send the written statement.

NOTE: If you live in public housing for the elderly, the housing authority must return your entire security deposit plus interest after you have lived in your apartment for one year.

I didn’t give my landlord a forwarding address in writing. Can I still get my security deposit back?

You have to give your landlord a forwarding address in writing to get your security deposit back. Until you do, your landlord does not have to return your security deposit! You can give your landlord any address where you can receive mail. It doesn’t have to be the address where you live. (Use Form A below). Keep a copy of the letter. It is best to send your address by certified mail with return receipt requested through the U.S. Post Office so you have proof your letter was sent.

What if my landlord is not the same person as when I moved in?

The person who is the landlord when you move out must return the deposit. It doesn’t matter whether the new landlord got your security deposit from the original landlord. Be sure you give your forwarding address to the current landlord when you move.

What should I do if my landlord does not return my security deposit OR give me a written statement?

If you do not hear from your landlord within 30 days after you have moved (or within 15 days if you waited more than 15 days after you moved to give you landlord your new address) you can get help from the State Banking Department or sue your landlord in Small Claims Court.

If your landlord failed to give you an itemized list of damages within the required time period, you can make your complaint to the State Banking Department. If your landlord gave you the list on time but you disagree with what the landlord deducted, you must sue in Small Claims Court. The Banking Department will help only if the landlord failed to file the notice requirements of the law.

I used certified mail, return receipt requested to give my landlord my forwarding address.

Great! You can ask the Banking Department for help getting your deposit back. They will help you for free. Here’s how you ask them for help:

• Fill out a complaint form. You can get a complaint form on their website or use Form B at the end of this guide.
• Make copies of the following items to give to the Banking Department. Keep the originals for your own records.
  • A copy of the letter you wrote to your landlord giving your forwarding address.
  • A copy of the return receipt from the post office.
  • A copy of your lease, if you had one.
  • The receipt or any other proof that you paid a security deposit, if you have such proof.
• Contact the Security Deposit investigator at the State Banking Department. 860-240-8299 ext. 6 or toll-free at 1-800-831-7225 ext. 6 or www.ct.gov/dob.

 OR

I gave my landlord my forwarding address in writing, but not by certified mail, return receipt requested.

If you did not use certified mail, you can sue your landlord in Small Claims Court. The law doesn’t require you to use certified mail to notify the landlord of your forwarding address, but the Banking Commissioner will not help you unless you used certified mail. You can go to court yourself and do not need a lawyer. See the article, Small Claims Court.

What amount can I ask for?

If your landlord did not give you the written list on time, you should ask the court for double your entire security deposit plus interest. The law requires doubling of your award if the landlord doesn’t return your deposit or give you a written statement about your deposit.

If your landlord gave you proper notice but you disagree with the amount that was withheld, you should ask for return of the amount that you should have received.

My landlord gave me a written list of damages but I don’t agree with the amount of damage my landlord says I did. What should I do?

You can sue your landlord if you disagree with his reasons for not returning your deposit. You can sue in Small Claims Court for the amount of your security deposit that you think you are owed. See the article, Small Claims Court.

This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this pamphlet is based on the laws in CT as of October 2008. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.