What are the tenant’s rights when a landlord fails to return a security deposit?

In North Dakota, tenants have the right to the return of their security deposit when their lease is up. If the landlord fails to return the security deposit, the tenant can take legal action. The first step a tenant can take is to attempt to contact their landlord. The tenant should be sure to document any conversations with the landlord and keep records of any emails or letters sent. If the landlord fails to respond the tenant can file a complaint with the North Dakota Real Estate Commission. The next step would be to file a lawsuit against the landlord. The tenant can sue their landlord in small claims court for the full amount of the security deposit plus any additional damages. For instance, the tenant could also ask for court fees and punitive damages if they can prove that the landlord willfully withheld the security deposit. The tenant should be sure to provide evidence to the court that the landlord failed to return the security deposit. This can include copies of emails or letters sent to the landlord, documents showing when the lease ended, and bank statements of when the security deposit was last paid. It is important for tenants to stand up for their rights when a landlord fails to return a security deposit. Tenants should also be sure to read their lease agreement and thoroughly understand their rights and the law when it comes to security deposits.

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