How to Get Your Security Deposit Back
Document the unit's condition with photos at move-in and move-out, give proper notice, clean and repair damage you caused, return all keys, and give your landlord a forwarding address in writing. State law sets a deadline for returning the deposit or an itemized list of deductions, often 14 to 30 days. Landlords cannot deduct for normal wear and tear. If they wrongfully keep it, send a demand letter and consider small claims court.
Security deposit disputes are among the most common landlord-tenant conflicts. Preparation at move-in usually decides who wins at move-out.
At move-in
- Complete a written condition checklist and keep a signed copy.
- Take date-stamped photos and video of every room, including floors, walls, appliances and fixtures.
- Note existing damage in writing to the landlord.
Our move-in and move-out checklist covers each room.
During the lease
Report damage and repair needs in writing. Get permission before alterations.
At move-out
- Give proper notice under the lease.
- Clean thoroughly and fix damage you caused.
- Ask for a move-out inspection if your state allows a pre-move-out inspection.
- Photograph and video the unit again.
- Return all keys and get a receipt.
- Give a forwarding address in writing.
What landlords can deduct
| Usually deductible | Usually not deductible |
|---|---|
| Unpaid rent | Normal wear and tear, such as minor scuffs, faded paint, worn carpet from ordinary use (Cornell LII) |
| Damage beyond normal wear and tear, such as holes, broken fixtures, pet damage | Pre-existing damage |
| Cleaning to return the unit to move-in condition, in many states | Routine repainting after a long tenancy, in many states |
Deadlines and itemization
State laws set how long a landlord has to return the deposit or send an itemized statement of deductions, often between 14 and 30 days, and some states require receipts. Many states penalize landlords who keep deposits in bad faith, sometimes with double or triple damages. Find your state's rules under state laws.
If the landlord does not return it
- Send a written demand letter citing your state's deposit law and a deadline.
- File in small claims court, where deposit cases are common (Cornell LII). See how small claims court works.
- Bring your lease, photos, checklists, receipts and correspondence.
When the landlord sells the building
The deposit obligation usually transfers to the new owner; ask who holds it.
A real estate lawyer or tenant legal aid office can help with larger disputes.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.