A security deposit protects a landlord against unpaid rent and damage beyond normal wear. State law controls how much can be collected, how long the landlord has to return it and what deductions are allowed.
What the law generally covers
Most states regulate the maximum amount of a deposit, where it must be held, and a deadline for returning it after you move out. Those deadlines commonly fall somewhere between two and eight weeks, but the exact number depends on your state.
Landlords usually must send an itemized list of deductions along with any balance of the deposit.
Normal wear versus damage
Landlords generally cannot charge for normal wear and tear, such as minor scuffs, faded paint or carpet worn down by ordinary use. They can usually deduct for unpaid rent, damage beyond normal use and, in some states, cleaning needed to restore the unit to its move-in condition.
How to protect your deposit
- Photograph or video every room on move-in day and on move-out day.
- Complete a written move-in checklist and keep a copy.
- Give written notice of your move-out date and forwarding address.
- Clean thoroughly and return all keys.
- Keep copies of your lease and all communications.
If your deposit is not returned
- Send a written demand letter citing the deadline and requesting the amount owed.
- Check your state law for penalties. Some states allow double or triple damages for wrongful withholding.
- If there is no response, file in small claims court.
Frequently asked questions
Can my landlord keep the deposit for the last month's rent?
Only if you owe rent. You generally cannot treat the deposit as your last month's rent unless your lease or state law allows it.
Is an itemized statement required?
In most states yes. Failing to provide one on time can limit what the landlord may deduct.