# 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. - URL: https://explained.page/security-deposit-back - Language: en - Last checked: 2026-10-29 - Watch the 1-minute animated guide: https://explained.page/watch?start=security-deposit-back ## Step by step 1. **Want your security deposit back?** It’s your money. Here’s how to protect it when you move in, move out, and if the landlord keeps it. 2. **Document the place on day one.** Take dated photos and video of every room, and note existing damage on a move-in checklist. Keep a copy. 3. **Give notice and a forwarding address, in writing.** Follow the notice rules in your lease, and give the landlord your new address so they can send the deposit. 4. **Clean, return keys, and photograph again.** Take move-out photos and video showing the same rooms. Ask for a walk-through with the landlord if possible. 5. **Know what they can and can’t charge.** Landlords can deduct for unpaid rent and real damage, but generally not for normal wear and tear, like faded paint or worn carpet. 6. **Watch the deadline.** Your state sets how many days the landlord has to return the deposit or send an itemized list of deductions, often 14 to 30 days. 7. **Kept unfairly? Send a demand letter, then small claims.** Cite your state’s deposit law and your photos. Some states let tenants recover extra money when a landlord keeps a deposit in bad faith. 8. **Look it up the right way.** Search with your town or state in the words. Pick the official site: it usually ends in .gov. Skip ads and sites that charge for free forms. ## 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 ## 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. ## 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. Source page: https://explained.page/security-deposit-back/questions/can-my-landlord-keep-my-deposit-for-cleaning ### 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. Source page: https://explained.page/security-deposit-back/questions/can-i-use-my-deposit-as-my-last-months-rent ### 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. Source page: https://explained.page/security-deposit-back/questions/how-long-does-a-landlord-have-to-return-a-security-deposit ### 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. Source page: https://explained.page/security-deposit-back/questions/what-counts-as-normal-wear-and-tear ### 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. Source page: https://explained.page/security-deposit-back/questions/can-a-landlord-charge-for-repainting ### 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. Source page: https://explained.page/security-deposit-back/questions/what-if-my-landlord-never-sent-an-itemized-list ### How do I write a security deposit demand letter? State your move-out date, the amount, your forwarding address, your state’s deadline rule, and a date to pay. Attach photos and keep a copy. Source page: https://explained.page/security-deposit-back/questions/how-do-i-write-a-security-deposit-demand-letter ### Can I sue my landlord for my deposit? Yes, usually in small claims court. Bring your lease, photos, checklist, letters and any list of deductions. Source page: https://explained.page/security-deposit-back/questions/can-i-sue-my-landlord-for-my-deposit ## Official sources - [HUD: tenant rights by state](https://www.hud.gov/) - [USA.gov: landlord and tenant issues](https://www.usa.gov/) - [Legal Services Corporation: free legal aid](https://www.lsc.gov/) To find your local office, search for: - "[your state] security deposit return deadline" - "[your county] small claims court" --- General information, not legal or professional advice. Rules differ by state. From explained.page (www.explained.page). Life’s stuff, explained simply.