The Deadline Applies to the Itemization Too
State laws do not just require the deposit to be returned by the deadline. They require the entire accounting -- the itemized list of deductions -- to be delivered within that same window. A landlord who sends an itemization a week after the deadline has missed the deadline as surely as one who sent nothing.
What Counts as 'On Time'
- Some states measure from the date mailed (postmark date)
- Others require delivery within the deadline period
- Check your state's specific rule on mailing vs. delivery
- When in doubt, the postmark + reasonable delivery time standard applies
Document When You Received It
Keep the envelope your itemization arrived in. The postmark on the envelope is objective proof of when it was mailed. A postmark after the deadline date is your evidence of a late itemization.
What You Are Entitled to
- Return of the full withheld deposit amount
- Statutory penalty in states that impose one for late return
- Forfeiture of all deductions, even legitimate ones, in many states
How to Act on a Late Itemization
- 1Note the postmark date or date you received the itemization
- 2Calculate the statutory deadline from your move-out date
- 3Confirm the itemization arrived after the deadline
- 4Send a demand letter citing the specific statutory provision
- 5Demand the full withheld amount plus any applicable penalty