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What action can a tenant take against landlord for not putting tenant's security deposit into separate account

I put a thous. security dep. for my apt. 10/2005. Landlord is suppose to put into account and show me statements and I get the interest when I move. This wasn't done and Landlord is playing games with me now - I'm moving in 6 months, but I want to address this now. What kind of account does the money go into? how do i know what the interest rates were and how much money would've been earned each year? i would appreciate any help or advice!


thanks!

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Attorney answers (2)

Reputation Level 12
Your question is a good one and should probably be directed to a local Washington, DC attorney. The answer is heavily dependent on local law, but I can give you a basic overview of security deposits for your reference.

Generally, you are correct that a landlord is 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.

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.

Reputation Level 10
You may have a civil action for breach of a lease. I suggest that you contact an attorney and discuss the specifics of your case with him or her.

Okie C. Whiteru
202 558 6196

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