How to get your security deposit back

A security deposit is your money. The landlord holds it to cover unpaid rent or damage beyond normal wear and tear, and must give back the rest when you move out, by a deadline your state sets. This guide explains the rules, using the facts in our 51 state guides, and ends with a calculator and a free demand letter.

How much a landlord can charge

States set different limits. Where the limit is a number of months’ rent:

• One month’ rent: Alabama, California, Delaware, District of Columbia, Hawaii, Kansas, Maryland, Massachusetts, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Rhode Island and South Dakota
• 1.5 months’ rent: Arizona, Michigan and New Jersey
• 2 months’ rent: Alaska, Arkansas, Colorado, Connecticut, Georgia, Iowa, Maine, Missouri, North Carolina, Pennsylvania and Virginia
• 3 months’ rent: Nevada

Florida, Idaho, Illinois, Indiana, Kentucky, Louisiana, Minnesota, Mississippi, Montana, Ohio, Oklahoma, Oregon, South Carolina, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming have no statewide limit, though cities may add one.

Many limits have exceptions, for example for furnished units, pets or small landlords. Compare them in the security deposit laws by state table.

The deadline to return it

The most common deadline in our guides is 30 days, in 23 states. The shortest is 14 days, in Alaska, Arizona, Hawaii, Nebraska, New York and Vermont. The longest is 60 days, in Alabama, Arkansas and West Virginia. Kentucky and Tennessee set no fixed number of days in our data; the rule on their page explains what applies.

The clock usually starts when you move out and return the keys, but not always: some states count from the end of the lease, from your written request or from the day the landlord gets your forwarding address. Each state page quotes the exact rule.

Give your forwarding address in writing

In 46 of our state guides, the rule mentions your forwarding, mailing or last known address. Put your new address in a dated letter or email and keep a copy. In some states, a landlord who never gets an address does not have to send the money, or you can lose part of your rights.

What a landlord may deduct

Deductions are usually limited to unpaid rent and damage beyond normal wear and tear, sometimes cleaning. Faded paint, small nail holes and worn carpet are typical wear and tear. Examples:

• Texas: Damages and charges you are legally responsible for under the lease or because you broke it.
• New York: Only reasonable, itemized costs for unpaid rent, damage you caused beyond normal wear and tear, unpaid utility charges payable to the landlord under the lease, and moving and storing your belongings.

The itemized list

If the landlord keeps any money, most states require a written list of each deduction. For example:

• California: Yes. The statement must list each deduction and include copies of receipts or invoices (for work by the landlord's own staff: a description, time spent and a reasonable hourly rate).
• Massachusetts: Yes, for damage deductions.

Penalties for keeping a deposit wrongly

Up to 3 times the amount in Colorado, District of Columbia, Georgia, Hawaii, Idaho, Maryland, Massachusetts, North Dakota, South Carolina and Texas; Up to 2 times the amount in Alabama, Alaska, Arizona, Arkansas, California, Connecticut, Delaware, Illinois, Louisiana, Maine, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin; Up to 1.5 times the amount in Kansas and West Virginia. The rules differ on what is multiplied, the deposit or only the part kept, and most require a court to find that the landlord acted in bad faith or willfully, or missed the deadline. In Florida, Indiana, Iowa, Kentucky, Mississippi, Montana, Nebraska and New Mexico and others, our data shows no fixed multiple: you recover what was wrongly kept, sometimes with costs or fees.

• Texas: Bad-faith withholding: $100 plus three times the amount wrongfully withheld, plus attorney fees.
• California: You can sue (small claims up to $12,500) for the deposit wrongly kept.

Some states also require interest on deposits, including Connecticut, District of Columbia, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey and North Dakota.

Step by step

1. Before you move out, clean, photograph every room with dates and return all keys.
2. Send your forwarding address in writing.
3. Check your state’s deadline with the calculator below.
4. If the money or a proper list does not arrive, or the deductions are wrong, send the demand letter below by certified mail.
5. If the landlord still does not pay, file in small claims court. Your state page gives the limit and links to the filing guide on Small Claims Map.