What You Should Know About Security Deposits

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The following is the law as it relates to Security Deposit Refunds in North Dakota. With ND being the second ranked state in the United States with respect to Oil and Gas production, rentals are booming and one should be well advised  on their rights concerning security deposit refunds.

Many do not know that landlord is obligated to pay market interest on your security deposit if apartment was occupied more than 9 months! You may ask why I only stated the security deposit code for North Dakota.

As far as my research reveals, there is little federal law governing landlord/tenant disputes  dealing with security deposits and North Dakota statues appear very similar, if not identical, to other USA states. 

Somewhat related is the tenant query Can your landlord take your property for unpaid rent? The answer is NO. Landlord can NOT confiscate Tenant’s belongings for the purpose of rent collections. However, landlord can evict you for being arrears on rent if you try to play that card too long!!

SECURITY DEPOSIT REFUND
At the end of a lease, a landlord must return a tenant’s security deposit (plus interest if the unit was occupied nine months or longer), or give the tenant a written accounting as to why the deposit (or any part of the deposit) will not be returned. The landlord must mail or deliver the deposit within 30 days after the day the tenant vacated and the lease expired. As a practical matter, actual receipt of the security deposit may be delayed by several days if the tenant fails to provide the landlord with accurate forwarding address information. The landlord may deduct, from the security deposit, amounts to cover damage from tenants or their guests, unpaid rent, and /or costs of cleaning or other repairs, with the exception of reasonable wear and tear. The landlord must provide an itemized list of any deductions.

If a landlord sells a rental property, the new owner has the same rights and obligations. The security deposits and interest must be transferred to the new owner or the seller remains liable. The new owner is bound by the provisions of N.D.Cent.Code § 47-16-07.1.4 even though he/she did not receive the original security deposit.

If a tenant does not receive the security deposit back, or is not satisfied with the landlord’s accounting, the tenant can take the matter to Small Claims Court. There, it is up to the landlord to justify the amounts withheld. The court can award damages to the tenant up to three times the amount withheld without reasonable justification from the tenant’s security deposit. This is called “treble damages.” Treble damages need to be requested when completing court papers.

Any security deposit unclaimed by the owner for more than one year is presumed abandoned. A number of New Mexico landlords have used this last statement as their ace in the hole. Act promptly and demand that your apartment owner acknowledges receipt of your deposit refund request!

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31 comments on “What You Should Know About Security DepositsAdd yours →

  1. A buddy of mine had a Major issue getting his security deposit back from Holly Carter of Roswell. He rented a place on Alameda. Holly Carter’s husband Alan kept on sayin to be patient with his wife, but it has been 4 months and Holly Carter still has not refunded security deposit on rental property. Landlords like her know that most people are not going to hire a lawyer to collect a $300 security deposit. Alan carter is a good Christian man and I do not know why he would put up with a woman who steals money from poor folks! Oh well, she will have to face her maker some day! I think New Mexico law and North Dakota law are similar with respect to security deposits, so if you want to take holly carter to court be sure to get lawyer to Tack on the penalties and interest. One more thing, the place on alameda street my pard moved into was a dump. When he moved out, he shampooed the carpet and left place spic and span but she still unfairly charged him for shampooing carpet!!! There is nothing worse than a Christian who bears false witness by their actions. If you read this and Have had the same kind of problems, holly carter is the owner of A H Enterprises which would be the Corporation you would want to go after if you want to hire yourself an attorney

    1. Police were dispatched to the Mirador Apartments, Saturday, after subjects entered the laundry and broken into the lock-boxes of multiple machines. No estimate of damages were given.

      Maybe the thieves were previous tenants who decided they would get their deposit back one way or another hahahahahahahahaha. I guess Holly Carter got a good dose of Karma on this one. NO, seriously stealing is wrong but I guess the Mirador management steals from their residents by not paying back security deposit. What goes around comes around!

    2. Speaking of bad landlords has anybody ever rented from Marcia Jessup? She charged my sisters friend $700 a month for house with bad AC commodes that would not flush backed up pipes and other problems. She would would not let her out of lease and made her pay full rent even though she never fixed anything !! My cousin rented a dump from her and the same BS where nothing worked. She said it was Marcia’s sister who was the witch making them pay full rent even though they had to take freezing showers for three weeks because sister would not pay to fix hot water heater.

      I tried to report it to better business bureau and chamber of commerce……

  2. Mirador apt are owned and managed by holly carter and her husband. She may not have paid back security deposit to your pard for reasons you don’t know about. Mirador apartments are run down, but rent never goes up and it is walking distance from cahoon park. There is a weird dude who is always taking pictures there and a cross dressing male overdosed and died there. The managers are fair to the tenants and place is quiet. Also the owners can not hang on to apartment manager. They had one that sued them in a small claims court. I think she was trying to stand up for the tenants.

  3. Just found this at an apartment rating site

    Its been not so good experience to communicate with the owners of this place. The lady seems to be know it all kind of person and she acts as if she is doing you a favor by renting her place as if you have no other place to go but what she forgets is we pay RENT to live there. The place is accessible to locations but the worst experience comes out of communicating with the owner. They will definately charge you for any fines possible no matter how good you are with the rest of the stuff like keeping the apartment clean, being good tenant, etc. When you give the DEPOSIT forget about getting it back. I know 3 people who have lived there (but don`t live there any longer – as nobody can after a time) who have NOT got the deposit back after they left the place on good terms (even after cleaning the apartment). Infact it could be even true that the owner might not give a good feedback about you as a tenant to your next possible landlord. So better think about it in advance before you step into that Detention Center. This review is to help you make a wise decsion so that you don`t experience what we did during our stay in MIRADOR..Ohh, n did I mention that your guests cannot park for more than certain amount of time inspite of half of the parking lot being empty..

    Read more: http://www.apartmentratings.com/rate/NM-Roswell-Mirador-Apartments-1198351.html#ixzz2FnukYAGm

  4. Holly Carter has probably had her share of irresponsible tenants at Mirador Apartments. I bet she probably pays back the people who pay their rent on time and leave their units in decent shape.

  5. I lived at Mirador Apartments a few years back. Holly Carter does not pay back security deposits. I just looked up the law on tenant rights. Please post here if she did not refund your security deposit. We know a lawyer who will take the case for a very reasonable fee. He has lived in Roswell many years and knows how a h enterprises operates. All we need is 5 people who will sign off on not being treated fairly by holly carter. A friend of my sister named Jeff Capps never had his security deposit returned even though he left unit in pristine shape. He is a nice guy and just moved on to a good job and didnt bother with prosecuting her because it was not worth his time!

    Interest: The landlord must pay interest on both the security deposit and the last month’s rent. The payment of interest on the security deposit and last month’s rent has been required by law since January 1, 1972, and April 1, 1984, respectively.

    Security Deposit: You are entitled to either 5% interest or whatever lesser amount is received from the bank where the deposit has been held, if you live in the apartment for at least one year. The law requires the landlord to hold a security deposit in a separate, interest-bearing account in a New Mexico bank. Within 30 days of receiving your deposit, the landlord must give you a receipt identifying the bank’s name and address, the account number, and the amount of the deposit.

    1. Are you talking about apartments at 700 n Missouri in Roswell,nm? Holly was fair to me and refunded the deposit I put down to move in the place. There were some problems with laundry room washing machines not working and some gas leaks, but mirador IS WHAT IT IS. Low rent means you don’t get to live like a king.
      Place was quiet and peaceful with no vandalism or burglary. Did you leave your apartment in the same condition it was in when you moved in? Holly and her husband Alan Carter are good people and will treat you fairly, but you have to keep apt decent and pay the rent on time!

    2. Is this the same car salesman Jeff “hub” Capps at Roswell,Toyota? You have to watch that guy if you ever try to buy a car there. We bought Prius and the guy comes back to us with nothing but a payment for $450 per month with no itemization. He tells us it was a wash on the trade in for our truck.

      We demanded an itemization and he and Dan Aguilar were charging us $2000 on trade in even though they had told us it was a wash. After getting them to subtract the $2000 from amount we were financing, got the payment down to about $360.

      I think Capps used to be a preacher, but now he is worshiping the almighty dollar. Aguilar used to sell insurance for Farmers which is just a little more admirable than selling cars for a living where you lie your ass off every day.

      1. Wow!! Car salesman Dan Aguilar tried to pull a fast one on us too when we were interested in a Camry too at Krumland Toyota in Roswell. My husband point blank asked him to come down $1500 on list price. Dan said he would talk to Capps and then came back with a monthly price of close to $400. Hubby was pissed off and asked for the details. The lowlife car peddler had not taken off the $1500 like he promised. We walked out with him chasing us out the door saying God Bless and that it was all a mistake. I don’t know how a guy like that sleeps at night.

        1. Car salesman Travis Spencer is also a smooth operator who did not directly lie to us when we bought tundra at Krumland, but he withheld info that made our monthly payment around $75 higher!!! Mike Baker or Capps were both in position to have caught the error and save me and my family much needed money.

          1. We heard Jeff “Hubb” Capps of Krumland Toyota on radio today. He decided his booming voice could pull in the big bucks selling dumb ass Roswell people overpriced cars. He makes a lot of dinero screwing people over on car trade ins and “working deals” than from the tithing plate as a church minister.

            1. Firstly Jeff was never a preacher. Second as to whining about how he ripped you off, Capps has to earn a living like everybody else. You probably asked him to come down too much and Jeff thought you were being unrealistic. He is a highly principled salesman of unparalleled moral rectitude always accurately representing the financial terms of vehicles he sales for Tom Krumland. Why do u think Capps has been there for over six years? He has a loyal following of customers trusting him and his character. He is effectively Jesus Christ when comes to selling cars honestly and with integrity. His brother, Roy Capps, makes what some cynics would call an honest living selling Carzalia Onions. He he is main guy organizing Alien Shrine Patrol.

              I would date him if my boyfriend ever left me.

          2. About two months ago we were working a deal with Travis Spencer at Roswell NM Toyota for a hybrid Prius that my sister had her heart set on. We were looking at a lease for $249 a month with a $2600 down payment. Travis was being upfront and honest about everything as far as we could tell. So this bald headed prick walks up all bubbly and shit saying lets run the numbers and we will get you the best deal on earth! So Capps comes back with $359 a month saying some crap about negative equity. We said adios amigo and went to Albuquerque and got the deal we wanted. Will never give Krumland any of our business again!

            1. Just watched a national Toyota tv ad that promised a RAV4 lease $199 per month and $2700 down. We went to Lubbock TX and got exactly that deal! We had one too many dealings with salesmen like Jeff Capps at Krumland in Roswell. It’s a shame Roswell residents have drive 180 miles to be treated fairly. Jeff must be married to Krumland’s daughter.

        2. I think a car salesman named Tommy APODACA
          may have replaced Dan Aguilar who either quit or was fired. The turnover for car salesman is worse than janitors or fast food. Bunches of frenzy feeding sharks don’t stay together very long

    3. Holly paid back my security deposit, but deducted too much for shampooing that nasty dirty blue carpet. I got the impression she would not refunded it had I not reminded her. She ignored phone calls and emails. I reminded her face to face and she finally got it to me about three weeks later.

      Allen Carter did not cotton to being asked about it, but in fairness to Mirador many bumbs live there who are late on their rent and leave their apartment ransacked.

      1. The woman that leases the home at 1301 west Jaffa in Roswell,NM is cold and distant. I met her there 3 months ago and she just stood there like she did not care almost being rude. I heard she did not pay back security deposit to renters even if they cleaned place up properly. You do not want somebody like that as a landlord.

      2. Juniper Apartments at 900 N Richardson are almost as run down as Mirador, but their residents are having to park at convention center. That means that Shawnee Escobedo has to walk across the street every day until construction is completed. The good news is she wears tight jeans and has a perfect ass. Get a little more of that backside next time Chris Birdsey.

      3. Kathy lay top dog of main street Roswell taking over for Tom Blake sings the praises of holly Carter and her dog lucky for driving Santa during electric light parade.

  6. Maybe your landlord and my landlord are cousins. Billy Carter is a NYC landlord who also makes it a habit to not pay back property damage deposits EVEN if you left your apartment in excellent shape and provided forwarding address!! I know of instances of small claims court ordering landlord to pay TRIPLE the security deposit. ALSO judge can do things that will damage the business reputation of your cheating landlord.

    The law says that a small claims judge may order a landlord to pay up to double the deposit amount if they intentionally refused to provide the written statement or deposit. This is why it’s important to keep documentation that you notified them of your forwarding address. The forwarding address can be to your new home or the address of a trusted family member or friend.

  7. I leased out a place from a landlord named Tyrone Mingo in Manhattan. Moved out at end of it. I got back my entire deposit after only a couple of weeks. If your landlord is charging you for shampooing carpet, then you can sue them. Some property owners will walk all over you if you let them. Tyrone Mingo has a bad reputation for not paying people back, but he treated me fairly. The law in New Mexico might be a little different, but that security deposit is yours if you dont go and trash the place!

  8. I was recently effectively and unfairly forced out of my home of 5 years at 2219 Elliot Avenue South in the Phillips Neighborhood in south Minneapolis by the new landlords, Antonio Vejas (sp?) and Candace M. Myers. The previous landlord, Joel Mugge, had greedily put the building at risk of foreclosure with $600,000 in additional mortgages, of which I was unaware at the time I made the building my home. Further, as Building Superintendent, I had, by my own initiative and largely uncompensated, brought the building and property back to life from an unlivable condition. The rest of the story is told in the following 2 letters that I wrote to Antonio Vejas and Candace M. Myers. I will detail the other despicable actions of Mr. Mugge in a later post.

    Dear Antonio & Candace:

    I want to welcome you as the new owners and newest residents of the building at 2217-2219 Elliot Avenue South in the Phillips Neighborhood of south Minneapolis. I have taken great pride in the care of this property for the last four years, and it has become my home. I would very much like to continue serving as Building Superintendent.

    A Little History:

    When I was hired to take care of the building and property in March 2006, the building and yard were both in appalling condition. The tenants who had lived in Apartment #4 for the previous six years had completely failed to take care of it. It looked as if they had never cleaned the entire time that they had lived there. The apartment was filthy, with piles of dirt and used cat litter everywhere, including in the window sills. When the locksmith came to change the locks, he completed only the front door lock to the apartment and then fled because he felt that the condition of the apartment was too hazardous. Cat urine and feces were rotting the hardwood floor in what is now my bedroom. When I removed the cat-urine-soaked rotting hardwood floor, I got a chest infection that put me in bed for three days and required a prescription medication to eliminate. No rational person could blame a landlord for NOT paying back a security deposit given the irresponsible and negligent actions of such tenants.

  9. These people go above and beyond the call of duty when it comes to the Mirador. It is an old building, but it’s clean. The rent is a fair price. A contract was signed and read before moving in. At that time, you could ask questions if you like or confused about anything. The law in NM states that you HAVE to give a 30 day notice, even is you don’t have a written contract. If you give a 30 day written notice and leave the place clean, there isn’t a problem with the deposit refund. I’ve walked by some of the apartments after people have moved out and I can’t believe people would leave it is such disarray! Clean it up before you turn in your keys and there isn’t a problem.

    Great place to live. It’s nice a quiet.

    Thank you for taking such pride in this place!

    1. First congratulations on being a homeowner! If you have been to Krumland Toyota, the very honorable and fair car salesman Mr Capps will share an experience he had trying to get his deposit back from Mirador owners. He bent over backwards to leave his unit impeccable only to never get his $250 security deposit refunded. Our family has purchased 2 or 3 vehicles from Jeff and know he is a straight shooter. So he definitely did not have the same pleasant interactions with apartment staff that you seemed to have experienced.

    2. You sound like you might be Holly Carter or related to her. If NOT, you appear to have some voyeurism fantasies walking by vacated apartments to see whether it was left in condition that would warrant a full refund. So what is it? Super nosey, or do you derive sexual pleasure watching a young couple have rough sex? There was a guy who dressed up as a woman who died there long ago. Ask Holly or Allen, but I am guessing you already know about it.

  10. I’m glad you got good service from Jeff Capps. My experience wasn’t so. I wasn’t going to say anything about that, but since you brought it up… congratulations…. on your car purchase. Maybe you are the right color or something. But I had a not so good experience there. Did you go inspect his apartment after he moved out, so you know that it was left in great condition? No need to answer that. I’m not on here to argue with anyone. Just stating the facts that I KNOW!

    I’ve heard from several people that they enjoyed living at the Mirador. There are a few people that have lived there, moved away and then came back to the Mirador. So they must have come back because they were treated right to begin with. Otherwise they wouldn’t have came back again.

    It could be possible that we are talking about two different places.

    1. I am White and am sorry to hear that he treats African Americans with prejudice. You raise a good point. I only know he told me that he took great measures to be sure Miss Carter fully refund his security deposit. I don’t know for a fact he left his apt in good shape. The Mirador I am talking about is across from Margot Purdy Park and the Senior Center on Missouri Street. Did he try to rip you off when you were negotiating for price or what?

      1. I take offense to you calling Jeff a racist. He is aggressive with everybody, but a good man. Look, it is his living. You would do the same thing if you had to sell cars to pay the mortgage and the bills. He tried to push around the gentleman that now is a manager at Farmers Market Grocery Store. The guy told him to back off and the gentleman is a Caucasian, so Capps is not a bigot like you are trying to imply!!

        1. I think Jeff Capps is related to Matt Capps who transferred to a Fairview as the Senior Pastor. Matt earned his M.Div. with Biblical Languages at Southeastern Baptist Theological Seminary. Jeff just took his talents to a church in California preferring the steady income of a church employee to the fluctuating dishonest Salary of a conniving car salesman. Hallelujah! Praise the lord!!

          1. Renee S. Pifer-Farris refreshingly describes an account of honesty at Eastern New Mexico fair where her daughters lost wallet was returned with ALL of its cash and debit card after she had filed a police report!

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