If you are negotiating a settlement and you want to include the return to you of your security deposit, don't keep that thought to yourself, demand the security as part and parcel of your overall settlement. Otherwise, you may be correct that if the settlement is "silent" about your two month deposit for security, a court may latter on conclude that you "waived" the return of the security deposit. They will keep your security if you do not demand the return of the security.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
You can and should ask for the return of your security. You could also try and negotiate that the security stand in place of creating an escrow account. If you don't ask for it you won't get it. It is also probable that the landlord intends to keep the security, and a near certainty that you would have to bring suit for its return with no guaranty that you win such a suit.
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