Security Deposits: Your Rights and How to Get Your Deposit Back
9 min • Housing Law
Security deposits are payments tenants make to landlords at the start of a tenancy to cover potential damages beyond normal wear and tear or unpaid rent. Every state regulates security deposits — maximum amounts (typically 1-2 months' rent), how they must be held, whether interest must be paid, and strict deadlines for returning deposits after move-out (usually 14-45 days).
Landlords can only deduct from security deposits for specific reasons: unpaid rent, damage beyond normal wear and tear, cleaning costs if the unit is left unusually dirty, and (in some states) unpaid utility bills. Normal wear and tear — like minor scuffs on walls, worn carpet from regular use, or faded paint — cannot be deducted. The distinction between damage (tenant-caused) and wear and tear (ordinary use) is the most common dispute.
Landlords must provide an itemized statement of deductions along with any remaining deposit within the state-mandated deadline. If they fail to do so, tenants may be entitled to the full deposit regardless of any damages, plus statutory penalties (often 2-3 times the deposit amount) in many states. Some states require landlords to provide receipts for any deductions over a certain amount.
To protect yourself: take dated photos and video when you move in and move out, complete a move-in inspection checklist and keep a copy, report all needed repairs in writing, clean thoroughly before moving out, and provide a forwarding address in writing. Send everything by certified mail with return receipt so you have proof of delivery.
If the landlord wrongfully withholds your deposit, you can sue in small claims court. Small claims court is designed for self-representation — the filing fees are low ($15-75), the process is simpler, and the monetary limit (typically $3,000-$10,000) covers most deposit disputes. Bring your evidence: photos, inspection reports, correspondence, and a copy of the lease.
Key Takeaways
- Every state regulates security deposits — know your state's deadline for returns
- Landlords can deduct for damages beyond normal wear and tear, not ordinary deterioration
- Landlords must provide an itemized statement — failure may lead to penalties (2-3x deposit)
- Document everything: move-in/move-out photos, inspection checklists, written correspondence
- Sue in small claims court if the landlord wrongfully withholds — bring all evidence
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