Getting your security deposit back
Photograph the rental and fill out a move-in checklist on day one. When you leave, give written notice and a forwarding address, clean, return keys and photograph again. Landlords can deduct unpaid rent and real damage, but generally not normal wear and tear. Your state sets a deadline, often 14 to 30 days, to return the deposit or send an itemized list. If they keep it unfairly, send a demand letter, then use small claims court.
Your checklist
- Photograph at move-in
- Give written notice and a forwarding address
- Clean and photograph at move-out
- Know wear and tear isn’t chargeable
- Watch your state’s deadline
- Demand letter, then small claims
Rather read it? Here’s the whole thing.
At move-in
Take dated photos and video of every room and fill out a move-in checklist noting existing damage. Keep copies.
Before you leave
Give notice as your lease requires, in writing, with your forwarding address.
At move-out
Clean, return all keys and take photos and video of the same rooms. Ask for a walk-through.
What can be deducted
Unpaid rent and damage beyond normal use. Normal wear and tear, like faded paint, small nail holes or worn carpet, generally can’t be charged.
The deadline
Your state sets how long the landlord has to return the deposit or send an itemized list of deductions, often 14 to 30 days, sometimes more.
If they keep it unfairly
1. Send a demand letter citing your state’s deposit law, with photos. 2. File in small claims court if they don’t pay. Some states let tenants recover extra money when a landlord withholds a deposit in bad faith.
Official sources, and where to look
- HUD: tenant rights by statehud.gov
- USA.gov: landlord and tenant issuesusa.gov
- Legal Services Corporation: free legal aidlsc.gov
[your state] security deposit return deadline[your county] small claims court
Common questions
Can my landlord keep my deposit for cleaning?
Often only if the unit was left dirtier than when you moved in, beyond normal use. Rules vary by state. More ›
Can I use my deposit as my last month’s rent?
Usually not without the landlord’s written agreement. Doing so can lead to deductions or an eviction case. More ›
How long does a landlord have to return a security deposit?
It depends on your state, often 14 to 30 days after you move out, sometimes longer. Some states require an itemized list of deductions within that time. More ›
What counts as normal wear and tear?
The natural aging of a home from everyday living: faded paint, minor scuffs, small nail holes, worn carpet. Holes in walls, broken fixtures or pet damage usually aren’t. More ›
Can a landlord charge for repainting?
Usually only if you damaged the walls beyond normal use, or after a long time if your state allows. Normal fading generally isn’t chargeable. More ›
What if my landlord never sent an itemized list?
In many states, missing the deadline or not itemizing can mean the landlord must return the full deposit, sometimes with a penalty. More ›
Talk to a tenant lawyer or legal aid
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Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.