The Rent Security Deposit Act requires among other things that the landlord give you notice of the annual interest on your security deposit and credit you with that interest. If the landlord fails to provide you with the notice of the interest or credit you with that interest or both, the law allows you to send a letter to the landlord advising him or her that he or she has not complied with the law. You must give the landlord 30 days to pay the interest and/or give you the required notice. If the landlord fails to comply with these required actions within 30 days, you may then request that he or she use the security deposit to pay your rent. The landlord must follow your instructions and apply the security deposit to your rent. The landlord cannot ask you for another security deposit for as long as you live in that apartment.
To get the landlord to apply your security deposit to your rent, you must do the following:
- Mail a letter via certified mail return receipt requested and regular mail to the landlord informing him or her that you have not received the interest and/or required notice.
- Keep a copy of this letter for yourself.
- Wait for thirty days from the date that you mailed the letter informing the landlord that you have not received the interest and/or required notice.
- If in thirty days you have not received the interest or notice, send to the landlord, a letter via certified mail return receipt requested and regular mail asking him or her to apply the security deposit and interest to your rent.
- Keep a copy of this letter your yourself.
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