Is the landlord responsible for tracking down a tenant who leaves no forwarding address and no phone number in order to give an accounting for the security deposit within the 21-day prescribed timetable?

After the tenant vacates, the landlord has 21 calendar days to provide the tenant, by personal delivery or postage prepaid first-class mail, with a copy of an itemized statement indicating the basis for and amount of any security deposit held and the disposition of that part of the security deposit not being returned. In addition, any refund must be enclosed. The law was recently amended to require the landlord to provide copies of “supporting documents” showing charges incurred and deducted by the landlord for repairing and/or cleaning the unit. The landlord can now even charge for his or her own time cleaning and repairing at a reasonable rate for those services. The landlord must then provide a statement describing the work performed and the rate charged. When the work is done by someone else, a copy of the invoice must be submitted to the tenant, and the invoicing must contain the name and address of the service provider. This itemization requirement applied unless the combined deductions for repair and cleaning do not exceed $125 or the tenant has waived his or her right to receive documentation in a signed writing.

The law requires that any mailing of the security deposit refund and itemization be sent to an address provided by the tenant. If no address has been provided, the owner must mail it to the vacated unit. In most cases, a change of address form has been filed with the Post Office, so the tenant will receive the letter. It is also recommended that a copy of the itemization statement be sent to any known work address.

DW