Getting Your Security Deposit Back

Q: how long does my landlord have to return my security deposit?

your landlord typically has between 21 to 60 days to return your security deposit, depending on which state you live in. if your landlord doesn't return your deposit within the required time frame, they may lose the right to keep any of it, even for legitimate damages. you can find your state's specific timeline by checking with your local tenant's rights organization or looking up your state's landlord-tenant laws online.

Q: what's the difference between normal wear and tear versus damage i have to pay for?

normal wear and tear includes things that naturally happen when you live somewhere, and your landlord cannot take money from your deposit for those. examples of normal wear and tear include faded paint from sunlight, small nail holes from hanging pictures, minor carpet wear in walkways, and loose door hinges from regular use. damage you'd have to pay for includes things like large holes in walls, pet stains that won't come out, broken windows, or leaving the place extremely dirty.

Q: what should i do if my landlord doesn't return my deposit on time?

you should send your landlord a written request asking for your deposit back using certified mail with a return receipt, which can be used for proof in court if necessary. your request should include your current address, the dates you lived in your previous residence, the property address, and how much deposit you paid. give your landlord about seven days to respond, and if they still don't respond or return your money, you can take them to small claims court. many states will make landlords pay your court costs as well as extra money if they wrongfully keep your deposit.

Q: can my landlord use my security deposit to pay for the last month's rent?

your landlord cannot use your security deposit for last month's rent unless either your lease specifically says they can or you give them written permission. if you don't pay your last month's rent and just expect the landlord to use your deposit, you could be breaking your lease agreement. always pay your final month's rent as usual, then get your security deposit back separately. this keeps everything legal and protects your right to get your full deposit back.

Q: what kind of itemized statement should i expect if my landlord keeps part of my deposit?

your landlord must give you a detailed list showing exactly what they're charging you for and how much each item costs. this statement should include receipts or invoices from contractors, cleaning services, or stores where they bought replacement items. they can't just write vague things like "cleaning" or "repairs" without explaining what specifically was needed. if your landlord takes money from your deposit but doesn't give you this detailed statement within the legal time limit, they usually have to give you back your entire deposit, even if there was damage.

Q: how can i protect myself and make sure i get my deposit back?

take lots of photos or videos when you move in and when you move out to show the condition of everything. follow all the rules in your lease agreement, like not having unauthorized pets, not smoking if it's prohibited, and keeping the place reasonably clean. when you move out, clean thoroughly and fix any small problems you caused, like filling nail holes or replacing burnt-out light bulbs. always give your landlord your new address in writing so they know where to send your deposit. some states require this, and if you don't provide it, you might lose your right to get your deposit back. keep copies of everything you send to your landlord, including your lease and any letters or emails.

Q: what happens if i take my landlord to small claims court over my deposit?

small claims court is designed to be simple and inexpensive, so you don't need a lawyer, and the filing fees are usually under $100. you'll present your case to a judge, showing your evidence like photos, your lease, and proof that you asked for your deposit back. bring all your documentation: move-in and move-out photos, copies of your written requests for the deposit, certified mail receipts, and your lease agreement. the judge will listen to both sides and make a decision, usually the same day. if you win, many states require the landlord to pay you extra money on top of your deposit (sometimes double or triple the amount) plus your court costs. when tenants have good documentation, about 80% of these cases get settled before going to trial, so your landlord might offer to pay you back once they see you're serious about going to court.

A security deposit isn't a fee or a loan. It's yours. Here's how to get it back when you leave your apartment.

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Review your lease

Your lease should specify a time period for your occupancy. Common options include month to month, six months, one year, and two years. When you signed the lease, you agreed to occupy the space and pay rent for that amount of time.

This doesn't mean you can't move out beforehand, but you are still bound by the terms of the lease. Your landlord might be able to keep charging you rent until a new tenant moves in, deduct from your security deposit or just keep the full amount.

Make a move-in inspection checklist

Getting your security deposit back actually begins when you move in. While it's hard to think about moving out during the excitement of getting settled, you have to plan ahead. If you aren't given a "Move-in inspection checklist," protect yourself by making one. Either way, note the damages that exist at move-in, and make sure to give the landlord a copy. For instance, note the hairline crack in the kitchen window or the water stain on the hardwood floor from a potted plant.

In most states, landlords can only establish that a tenant caused damage by being able to prove the apartment's condition at the time of move-in. If the move-in condition is not on record, your landlord may not be able to hold you responsible for damage. Make sure to keep a copy of this checklist for your records.

Give proper notice

Always give your landlord written notice when you decide to move. Don't just rely on a conversation. After all, you don't want to be subject to additional fees when your landlord pleads ignorance at move-out time. The usual timeframe for notice is 30 days.

Getting your security deposit back actually begins when you move in. If you don't give the required notice, you will almost certainly be charged for the term of the notice. The courts don't always uphold a landlord's right to deduct from a security deposit for inadequate notice. But if your landlord does charge you, you'll have to go through the hassle of small claims court. Basically, avoid disaster and financial burden by careful planning.

Provide a forwarding address

Notify your landlord of your forwarding address in writing, regardless of whether he asks. In many states, if a renter doesn't provide a forwarding address, landlords aren't responsible for the same deposit refunds.

Conduct a final walk-through

Some landlords make it a practice to walk through the apartment when a tenant moves out. Why not do this together? That allows you to see what charges, if any, you'll be responsible for. Bring your move-in checklist for cross-referencing. If you disagree with damages, you can make your case on the spot, which is much easier than arguing after the fact.

If you have roommates

Most leases with multiple renters hold each individual fully accountable for the group as a whole. That means each renter is responsible for the full amount of the rent and any damages, regardless of who caused it. So make sure you're not stuck with the bill for your roommate's wild party that resulted in three holes in the wall. In most states, the security deposit is refunded in equal portions, regardless of who wrote the original check.

How much can you be charged?

Typically, damage charges can't exceed actual repair costs. Fees for items like carpet, which decrease in value over time, must take normal wear and tear into account.

When should you get your deposit back?

Most states give landlords 21 to 60 days to return the deposit. If they don't, they must send you a letter with itemized deductions that explain why some or all of your deposit is not being returned.

What if the allotted time passes and you never receive a letter or a refund? Don't worry. There are steps in place to protect your rights.

Complete (and photocopy) a Request for Return of Security Deposit form. This is usually available from a local tenants association.
Send it to your former landlord via certified mail with a request for return receipt.
Keep the return receipt.
Wait seven days (from the date of receipt) for a response.

If your landlord doesn't refund the deposit after the seven-day notice, you can sue him in small claims court. If your landlord sends a letter on time saying he is withholding some or all of your deposit, but you think the amount is too high, you can still sue him in small claims court.

The good news is that few move-outs end up in small claims court. Most move-outs go off without a hitch, and you'll only have to worry about arranging your new living space, not fighting it out with your former landlord. But, the best way to guarantee that happy ending is by protecting yourself upfront.

Security deposit return FAQs

How long does my landlord have to return my security deposit?

Your landlord typically has between 21 to 60 days to return your security deposit, depending on which state you live in. If your landlord doesn't return your deposit within the required time frame, they may lose the right to keep any of it, even for legitimate damages. You can find your state's specific timeline by checking with your local tenant's rights organization or looking up your state's landlord-tenant laws online.

What's the difference between normal wear and tear versus damage I have to pay for?

Normal wear and tear includes things that naturally happen when you live somewhere, and your landlord cannot take money from your deposit for those. Examples of normal wear and tear include faded paint from sunlight, small nail holes from hanging pictures, minor carpet wear in walkways, and loose door hinges from regular use. Damage you'd have to pay for includes things like large holes in walls, pet stains that won't come out, broken windows, or leaving the place extremely dirty.

What should I do if my landlord doesn't return my deposit on time?

You should send your landlord a written request asking for your deposit back using certified mail with a return receipt, which can be used for proof in court if necessary. Your request should include your current address, the dates you lived in your previous residence, the property address, and how much deposit you paid. Give your landlord about seven days to respond, and if they still don't respond or return your money, you can take them to small claims court. Many states will make landlords pay your court costs as well as extra money if they wrongfully keep your deposit.

Can my landlord use my security deposit to pay for the last month's rent?

Your landlord cannot use your security deposit for last month's rent unless either your lease specifically says they can or you give them written permission. If you don't pay your last month's rent and just expect the landlord to use your deposit, you could be breaking your lease agreement. Always pay your final month's rent as usual, then get your security deposit back separately. This keeps everything legal and protects your right to get your full deposit back.

What kind of itemized statement should I expect if my landlord keeps part of my deposit?

Your landlord must give you a detailed list showing exactly what they're charging you for and how much each item costs. This statement should include receipts or invoices from contractors, cleaning services, or stores where they bought replacement items. They can't just write vague things like "cleaning" or "repairs" without explaining what specifically was needed. If your landlord takes money from your deposit but doesn't give you this detailed statement within the legal time limit, they usually have to give you back your entire deposit, even if there was damage.

How can I protect myself and make sure I get my deposit back?

Take lots of photos or videos when you move in and when you move out to show the condition of everything. Follow all the rules in your lease agreement, like not having unauthorized pets, not smoking if it's prohibited, and keeping the place reasonably clean. When you move out, clean thoroughly and fix any small problems you caused, like filling nail holes or replacing burnt-out light bulbs. Always give your landlord your new address in writing so they know where to send your deposit. Some states require this, and if you don't provide it, you might lose your right to get your deposit back. Keep copies of everything you send to your landlord, including your lease and any letters or emails.

What happens if I take my landlord to small claims court over my deposit?

Small claims court is designed to be simple and inexpensive, so you don't need a lawyer, and the filing fees are usually under $100. You'll present your case to a judge, showing your evidence like photos, your lease, and proof that you asked for your deposit back. Bring all your documentation: move-in and move-out photos, copies of your written requests for the deposit, certified mail receipts, and your lease agreement. The judge will listen to both sides and make a decision, usually the same day. If you win, many states require the landlord to pay you extra money on top of your deposit (sometimes double or triple the amount) plus your court costs. When tenants have good documentation, about 80% of these cases get settled before going to trial, so your landlord might offer to pay you back once they see you're serious about going to court.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

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