How do I get it my money back?
What happens when the landlord is refusing to return tenant his or her deposit? What can tenant do?
There is a Louisiana statute that is very favorable to tenants with respect to the return of their deposit. A landlord is required to return the deposit in 30 days from the end of the lease unless he has provided the tenant with written reason why he is retaining the deposit.
The tenant should send a letter by certified mail specifically requesting the return of the deposit and stating the date on which tenant departed the property and returned the keys, so that it is clear when the 30 days starts to run and also provide a forwarding address.
If the landlord does not then return the deposit or provide tenant with the accounting of how it was used to repair the property within 30 days, there is a presumption that the landlord is in bad faith, which entitles the tenant to the return of the deposit, plus $200 in damages (or actual damages if higher) and attorney’s fees.
If you get no response within the 30 day period, I would then suggest that you hire a lawyer and sue your landlord for the return of the deposit under the provisions of the Louisiana statute. You can also use small claims court or first city court but please remember that information found at this site is not a replacement for a face-to-face meeting or telephone consultation with a live attorney about your particular case, problem or question.
The information provided here should just be a starting point in finding your answers. Nothing transmitted to or from this website constitutes the establishment of an attorney-client relationship between you or any attorney.
Comments