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Connecticut
Security Deposits: Section 47a-21 of the state Statutes
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Amount of Connecticut
Security Deposit: 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.
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Interest on Security
Deposits Connecticut: The minimum rate is set
each year by the Banking Commissioner. (For 2002 through
2010 it was 1.5%)
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 10 days late, (unless the landlord 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.
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General Preventative Steps to Take to Ensure a Deposit Return
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A tenant must meet all of the above conditions to ensure
a refund of the deposit, but meeting those conditions is not all
the tenant should do. The chances of receiving return of the
deposit will be increased if the following suggestions are also
followed:
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Move-in Inventory Inspection. When you move in your home
or apartment, make a list and take photos of the apartment and
any damage. Typically, you should do a walk through with the
owner or manager prior to moving in. Get them to sign an
acknowledgement of the damage and note what (if anything) will
be done. This will help you when you move out.
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Move-Out Notice. A lease may require that the tenant give
the landlord 30 days written notice prior to move-out in order
to get the security deposit back. Even if
the lease does not require it, notify the landlord prior
to moving.
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Move-out Inventory Inspection. When the tenant prepares
to move, the apartment or home should be cleaned and the
landlord asked to appear for a move out inspection. The tenant
should fill out another inventory form, similar to the move-in
inventory. Ideally, you should have a copy of the original move
in form - for both your use and the landlord.
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Turn in the Keys. The keys should be turned in on the
exact day the tenant vacates the premises. If the keys are
turned in later, the landlord may be able to charge the tenant
additional rent or other charges under the lease. A tenant's
actual move out date is often considered to be when the keys are
turned in.
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Deductions from the Security
Deposit:
A landlord cannot legally deduct for normal
wear and tear. This refers to deterioration which
occurs during regular, daily, intended use of the rental unit,
for example nail holes in the walls from pictures or paintings.
See our guide.
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If the landlord makes any deductions from the deposit, a
written, itemized accounting of how much is being charged for
each item must be sent to the tenant.
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:
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Return your full security deposit plus any interest; or
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Send you an itemized written statement of expenses
deducted from your security deposit, along with the balance
of your deposit and interest.
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(If you wait more than 15 days after you move out to give
your forwarding address to your landlord in writing, then the
landlord has 15 days from when you give your address to respond.)
Your landlord must either:
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return the full security deposit, plus interest, or
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give you an itemized written statement of the nature and
amount of the damages (including lost rent) deducted from
your deposit because you violated your obligations.
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.)
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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. 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.
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How to Dispute Deposit Deductions -
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If a tenant receives a list of deductions, it is
possible to dispute items on that list. The deductions should be
addressed by the tenant in a letter sent to the landlord. The
demand letter should include a response to each of the
deductions, explaining which charges are being disputed and why.
The tenant should keep a copy of the letter and send the
original by certified mail, return receipt requested.
If the tenant receives a partial refund along with the list of
deductions and wants to dispute some or all of the deductions,
the tenant may want to refrain from cashing the check. If the
tenant must cash the check then the tenant should tell the
landlord in the letter that even though the check has been
cashed, it does not mean the tenant agrees with the amount of
the check.
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