District of Columbia Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment

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US-01678BG
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This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The Security Deposit, or Any Money Remaining After Taking Care of Repairs, Must Be Returned to the Tenant Within 45 Days of the Tenant's Departure. If the landlord does not return the security deposit at this time, the tenant can take legal action against the landlord.

1 DCMR 2941.3. No more than 45 days after the end of a tenancy, a landlord must either 1) return the security deposit plus any interest due or 2) tell the tenant in writing of the landlord's intention to withhold the deposit. 14 DCMR 309.1. Security Deposits (Residential Tenants) dctenants.com ? security-deposits dctenants.com ? security-deposits

Office of the Tenant Advocate (OTA) Hotline Tenants with complaints regarding non-habitable living conditions can contact the Office of the Tenant Advocate at (202) 719-6560.

10 days If your landlord or letting agent refuses to use the ADR service you can take them to court instead. If you agree about part of your deposit, you should get back the money you agree on quickly. You'll usually get your money back in 10 days - it depends on your situation and what scheme your deposit is in. Getting your tenancy deposit back - Citizens Advice citizensadvice.org.uk ? ending-your-tenancy citizensadvice.org.uk ? ending-your-tenancy

Tenant Rights to Withhold Rent in the District of Columbia Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater. Overview of Landlord-Tenant Laws in D.C. - Nolo Nolo ? legal-encyclopedia ? overvie... Nolo ? legal-encyclopedia ? overvie...

(3) For the purposes of this subsection, the term "ordinary wear and tear" means deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition. § 42?3502.17. Security deposit. | D.C. Law Library Council of the District of Columbia (.gov) ? council ? code ? sections Council of the District of Columbia (.gov) ? council ? code ? sections

Section 92.109 allows the tenant to sue the landlord to recover ?three times the portion of the deposit wrongfully withheld? plus other fees. When less than $20,000 is involved, the tenant can sue by going to the local justice of the peace office (justice court). These suits often do not involve attorneys.

It was the first time in the District of Columbia that a landlord had been ordered to pay punitive damages to a tenant for failure to repair defects in rental housing, and is "the start of a trend" in the city, said Timothy J. Aluise, one of the lawyers representing Gyebi.

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District of Columbia Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment