My ex-landlord has not given me my security deposit back and its beentwo months,what can i do about this?

Your question is a good one and should probably be directed to a local attorney in your state. The answer is heavily dependent on local law, but I can give you a basic overview of security deposits for your reference.

Generally, a security deposit is separate from the rent payments (sometimes called "dependent convenants" in the lease) and the deposit cannot be used for rent payments or matters not germane to the specifics of why the deposit is given as delineated in the lease. This is because the deposit (in most states) is considered to be the property of the tenant even if in the custody of the landlord.

A landlord is usually required to place a security deposit in a separate account. This is known as not "commingling" the funds. Basically, a security deposit remains the tenant's property, and a landlord has a fiduciary duty to keep it separate and maintain an accurate accounting. Also, the landlord has a duty to return unused funds with a final accounting after the tenancy is ended.

In many states, a landlord is also responsible for paying the tenant a small amount of interest on the deposit. This amount can sometimes be raised by local ordinances, especially in large metropolitan areas.

I would recommend speaking to a local lawyer because security deposits are heavily dependent on local landlord-tenant ordinances or state law. Each state treats the relationship between landlord and security deposit the same, but the specifics (i.e. interest rate and remedies) are different.

Good luck!

NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.