What can a tenant do if their landlord does not return the security deposit?
In North Dakota, if a tenant’s landlord does not return the security deposit, the tenant can take legal action. The tenant should begin by writing a certified or registered letter to the landlord, requesting the return of the security deposit. This letter should outline the amount the tenant had given the landlord, the date the deposit was paid, and the rental agreement. The tenant should take a copy of this letter to their local district court and file a complaint. The tenant can also seek the help of a legal aid organization or a private attorney. The North Dakota Landlord and Tenant Law outlines that if the tenant does not receive a response or the security deposit within 30 days of the initial request, they may be eligible to receive twice the amount of the security deposit. The tenant may also be able to collect court costs and attorney’s fees from the landlord. If the landlord does not respond to the court or fails to appear in court, the tenant will have a judgment entered in their favor. The tenant may then send an execution of the judgment to the county sheriff and request that they collect the money from the landlord. Overall, tenants have legal avenues available if their landlord refuses to return them a security deposit. It is important to take action as soon as possible, as the law allows for tenants to receive damages if action is not taken in time.
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