August 2007
Can my landlord
demand a security deposit?
What happens to my security deposit?
Must I receive interest on my
security deposit?
When will I get my security deposit
back?
Who
must pay me my deposit if my original landlord no longer owns the building?
What should
I do if my landlord doesn't return my security deposit?
Important things to do
to get your security deposit back
Can my landlord make me give up my
rights?
Form A Form B
Can my landlord demand a security deposit?
YES, but the security deposit can't be more than two month's rent. In addition, your landlord can make you pay the first month's rent before you move in. If you are 62 or older, your landlord can't demand or hold more than one month's rent as a security deposit.
Your landlord must put your security deposit in an "escrow" account in a bank. This means that the landlord cannot mix your money with his or her own. The law generally does not permit the landlord to touch the money until you move out.
Must I receive interest on my security deposit?
YES, but the amount may be different depending on the year you moved in. The minimum rate is set each year by the Banking Commissioner. For 2007 it is 1.5%. (For 2002 through 2006 it was 1.5%; 2001 was 2.4%; 2000 was 2.2%; 1999 was 2.3%). To find out the interest for any other year, call the Banking Commissioner, State Banking Department, at (860) 240-8154 or toll free at 1-800-831-7225 or visit their website: http://www.state.ct.us/dob/
The interest must be paid each year on the anniversary date of your lease. Your landlord is not required to pay the interest for any month in which you paid your rent more than 9 days late, (unless s/he has imposed a late charge for late payment in that month). If you haven't received any interest payments, and you have lived in the same apartment for a long time, your landlord may owe you a substantial amount for overdue interest.
If you gave your landlord a forwarding address in writing, your landlord must do one of the following within 30 days after you move out:
(If you wait more than 15 days after you move out to give your forwarding address to your landlord in writing, then s/he has 15 days from when you give your address to respond.)
Your landlord must either:
If your landlord does not return your deposit and does not give you the required written statement, s/he is may have to pay you twice the amount of your deposit. (A landlord who returns a security deposit, but not the interest owed to the tenant, and gives no written explanation, may have to pay twice the amount of the interest only.)
Give your landlord your forwarding address in writing as soon as you move out. Until you do, your landlord does not have to return your security deposit! If you don’t know where you will be moving, give the landlord an address at which you will receive mail. (Use Form A on Page 5). It is best to send your new (forwarding) address by certified mail with return receipt requested through the US Post Office so you have proof your letter was sent.
Who must pay me my deposit if my original landlord no longer owns the building?
The deposit must be returned by the person who is the landlord when you move out. This could be someone who bought the building from the original landlord, or it could be a bank that took the building by foreclosure. Be sure you give your forwarding address to the current landlord when you move.
What should I do if my landlord doesn't return my security deposit?
If you don’t hear from your landlord within 30 days after you have moved, (or if you gave a late notice of forwarding address, 15 days after you give him/her the address), contact the Security Deposit investigator at the State Banking Department in Hartford. (860) 240-8154 or toll free at 1-800-831-7225, ext. 8154.
Write a simple letter explaining what has happened. You can get a complaint form from the State Banking Department’s website www.state.ct.us/dob or use attached Form B. At the time of this printing, the policy of the Department is to investigate your complaint if the landlord fails to return your security deposit or provide the required itemized response after you have sent a forwarding address by certified mail with a return receipt. The Department can then force your landlord to return your deposit.
If your landlord withholds money from your security deposit or does not give back all you believe you are entitled to receive, you may sue him or her in small claims court. If s/he has not complied with the required time limits for notice, you may also sue for two times the security deposit. You can do this yourself and do not need a lawyer. See Legal Aid's pamphlet, Small Claims Court.
NOTE: If you live in a public housing project for the elderly, the housing authority must return your entire security deposit plus interest after you have lived in your apartment for one year.
Important Things to Do to Get Your Security Deposit Back.
Can my landlord make me give up my rights?
NO. The rights talked about in this pamphlet are guaranteed by the law. Your landlord cannot take them away from you even if s/he makes you sign a lease or agreement which says that you give up these rights. Any provision in your lease which conflicts with the law is illegal and cannot be used against you.
FORM A Back to top
Tenant's name:_________________________
Tenant's address: _______________________
_____________________________________
Date: ________________________________
Landlord's name: __________________________________
Landlord's address:_________________________________
________________________________________________
Dear: __________________________(landlord's name)
On ________________________I left the apartment at __________________________________. You are required to
return my security deposit of $_______________ plus interest within 30 days of my moving out. My forwarding address is
____________________________________________________________________________________.
Very truly yours,
___________________________
(Tenant's signature)
FORM B Back to top
Tenant's name:_________________________
Tenant's address: _______________________
_____________________________________
Date: ________________________________
Security Deposit Investigator
Connecticut Department of Banking
260 Constitution Plaza
Hartford, CT 06103-1800
Dear Security Deposit Investigator:
On ___________________________ I gave my landlord my forwarding address in writing and asked him/her to return
my security deposit of $__________. I rented the apartment at _____________________________________
_________________________. I moved in on____________________ and moved out on ______________________.
My landlord's name and address are:
_______________________________________
_______________________________________
_______________________________________
I request that you investigate my complaint and order my landlord to return my security deposit.
Very truly yours,
____________________________________
(Tenant's signature)
(860) 344-0380 (Central CT & Middletown) 1-800-453-3320 (All other regions)
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 August 2007. 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. Copyright: 8/2007.