Can my landlord keep my security deposit?
Renting · 3 minute read
A landlord can usually deduct for unpaid rent and damage beyond normal wear and tear — but most states set a deadline and require an itemised list.
What a deposit is for
A security deposit secures the landlord against unpaid rent and against damage you caused beyond ordinary use. It is your money being held, not the landlord's money being earned.
That framing matters, because in most states the landlord has to justify keeping any of it.
Wear and tear versus damage
Normal wear and tear is the deterioration that happens from living somewhere: faded paint, minor carpet wear, small nail holes, worn door handles. Landlords generally cannot charge for it.
Damage is different in kind, not just degree: a broken window, a burn, a large stain, a hole in a wall, a pet-ruined carpet. The line is judgement, which is why photographs settle most of these disputes.
Deadlines and itemisation
Most states require the landlord to return the deposit, or an itemised statement of deductions, within a set number of days after you move out. The deadline and the consequences of missing it vary by state.
In some states, missing the deadline or failing to itemise can cost the landlord the right to keep anything, and sometimes more. Check your own state's landlord-tenant statute or your state attorney general's tenant pages.
What helps you before you move out
Photograph or video every room when you move in and again when you leave, with a visible date. Keep the move-in inspection sheet. Give written notice in the form your lease requires.
Clean properly and leave the place as you found it. Provide a forwarding address in writing — in some states the clock does not start without one.
If they keep it anyway
Ask in writing for an itemised statement. Respond in writing, specifically, disputing the items you disagree with and attaching your photographs. Keep every message.
If that fails, small claims court exists for exactly this. The filing fee is modest, you generally do not need an attorney, and deposit disputes are among the most common cases heard.
Before you get to court
A firm, factual letter that cites your state's deposit statute and deadline resolves a surprising share of these disputes, because most landlords would rather settle than litigate over a few hundred dollars.
Having someone review the letter, or send it on letterhead, is the kind of small task a legal plan typically covers.
Quick questions
- Can a landlord charge me for repainting?
- Generally not for normal fading or minor marks, which count as wear and tear. Repainting because of damage you caused, such as large holes or unapproved colours, is treated differently.
- How long does a landlord have to return a deposit?
- It is set by state law and varies widely. Most states also require an itemised list of any deductions within that same period.
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This page is general education, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and every situation is different. For advice about your own situation, speak with a licensed attorney.
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