Getting your security deposit back
A security deposit is your money, held on trust. Most of it can come back to you if you document the place properly and leave it the right way.
What a landlord can and can’t deduct
In most places, a landlord can keep part of your deposit for:
- Unpaid rent or other charges you owe under the lease
- Damage beyond normal wear and tear, such as holes in walls, broken fixtures, burns or pet damage
- Cleaning needed to return the unit to the condition it was in when you moved in, in some states
They generally can’t deduct for normal wear and tear: the ordinary aging that comes from living somewhere. Think faded paint, light scuffs, minor carpet wear in walkways, or small nail holes from hanging pictures. The exact line differs between states.
It starts on move-in day
The strongest protection is a record of the unit’s condition before you moved in. If you have move-in photos or a signed inspection checklist, find them now. If you don’t, your move-out photos still help, but the landlord’s word will be harder to argue with.
Leaving the right way
- Give proper notice. Follow the notice period in your lease, in writing. Missing it can cost you an extra month of rent.
- Fix small things yourself. Patching nail holes and replacing burnt-out bulbs is cheaper than paying for them.
- Clean thoroughly, including inside the oven and fridge, cabinets, bathroom fixtures and floors.
- Document everything. Take dated photos and a slow video walk-through of every room after you’ve cleaned, including inside appliances and closets.
- Ask for a walk-through. Some states give you the right to a pre-move-out inspection, so you can fix problems before you leave. Even where it’s not required, it’s worth asking.
- Return the keys and get a receipt.
- Give your forwarding address in writing. In many states, the deadline for returning your deposit depends on the landlord having it.
If the deposit doesn’t come back
Most states give landlords a fixed number of days to return the deposit, often with a written, itemized list of any deductions. If the deadline passes, or the deductions look wrong:
- Ask in writing for the deposit or an itemized explanation. Refer to your photos.
- Send a demand letter stating the amount, your state’s deposit rules, and a deadline to pay. Some states let tenants claim extra damages if a deposit is wrongly withheld, so it’s worth checking yours.
- File in small claims court if that doesn’t work. Deposit disputes are among the most common small claims cases. See How small claims court works.
Before you hand back the keys
- Look up your state’s deadline for returning deposits and whether itemized deductions are required.
- Give written notice that you’re leaving, by the date in your lease.
- Send the landlord your new mailing address in writing.
- Clean, then take dated photos and video of every room.
- Return all keys and get a written receipt.
Sources
This guide is general information, not legal advice. Deposit limits, deadlines and allowed deductions vary by state and city. Check your local tenant rights resources for the exact rules.