Yes, the fact that a tenant lived in the property for more than 10 years does not, by itself, mean that the landlord can keep the caution fee.
If the caution fee was collected as security against damage to the property and the tenant did not cause any damage that the fee was meant to cover, the landlord should refund the money. The length of the tenancy does not automatically cancel the tenant’s right to the refund.
A landlord cannot simply decide to keep the caution fee because the tenant has stayed in the property for many years. If there is no genuine damage or other lawful reason for making a deduction, keeping the money may lead to a dispute and could expose the landlord to legal action by the former tenant.
If there was damage to the property, the landlord should be able to identify the damage and show why a reasonable amount should be deducted from the caution fee. The landlord should not keep the entire amount without a proper reason.
Therefore, if the tenant left the property without causing damage that justifies using the caution fee, the appropriate step is to refund the money rather than rely on the fact that the tenant stayed for 10 years.
If the landlord refuses to pay without a valid legal basis, the tenant may seek appropriate legal remedies to recover the money and any other relief available under the applicable law.
The exact rules concerning caution fees and tenancy deposits can vary depending on the state and the terms of the tenancy agreement, so the specific circumstances should also be considered.
