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Security Deposit Not Returned: What Can I Do?

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in United States.

Your security deposit is your money. Every state writes its own deposit rules, so the exact numbers differ. This guide covers the rules most states share and the steps that protect your deposit. Pick your state for the rules where you rent.

  1. A security deposit is money you pay your landlord before you move in. The landlord holds it in case you owe rent or damage the home. If you owe no rent and cause no damage, the landlord must return all of it.

    Legal Information Institute, Cornell Law School Wex definition: security deposit

  2. Many states require the landlord to give you a written receipt for the deposit. Some states also require the landlord to tell you which bank holds the money. Ask for a receipt even if your state does not require one.

    RenterLaw editorial

    This rule depends on where you live. See the rule in every place we cover.

  3. Some states require the landlord to keep your deposit in a separate bank account. Some states require the landlord to pay you interest on the deposit. Check your state's guide to see if you are owed interest.

    RenterLaw editorial

    This rule depends on where you live. See the rule in every place we cover.

  4. Make a record of the home's condition on the day you move in. Fill out a written checklist and take photos and video of every room. Note the date on each photo. This record shows that old damage was there before you moved in.

    RenterLaw editorial

    This rule depends on where you live. See the rule in every place we cover.

  5. Protect your deposit when you move out. Give written notice on time, usually 30 days for month-to-month renters. Clean the home, fix damage you caused, and take photos when you finish. Ask to be at the final inspection. Give your landlord your new address in writing. In some states the landlord does not have to return the deposit until you do this.

    RenterLaw editorial

  6. You do not pay for normal wear and tear (the slow wearing out that comes from normal living). Faded paint and worn carpet are wear and tear. Stains, rips, burns, and large holes in the wall are damage. Your landlord can charge you for damage.

    RenterLaw editorial Legal Information Institute, Cornell Law School Wex definition: reasonable wear and tear

    This rule depends on where you live. See the rule in every place we cover.

  7. Your landlord can take money from the deposit for unpaid rent, for damage beyond normal wear and tear (normal use over time), and for cleaning. Cleaning charges must only bring the home back to how clean it was when you moved in.

    RenterLaw editorial

    This rule depends on where you live. See the rule in every place we cover.

  8. Almost every state sets a deadline for the landlord to return your deposit after you move out. In most states the deadline is 14 to 30 days. A few states allow up to 60 days. Your state's guide has the exact number.

    RenterLaw editorial

    This rule depends on where you live. See the rule in every place we cover.

  9. If your landlord keeps any of the deposit, most states require a written list of each deduction (each charge taken from your deposit). The landlord must send the list and the rest of your money by the deadline.

    RenterLaw editorial

    This rule depends on where you live. See the rule in every place we cover.

  10. If the deadline passes with no money and no list, send a demand letter. A demand letter asks for your money back and says you will sue if needed. Many states require this letter before you can sue. Give the landlord 7 to 10 days to pay.

    RenterLaw editorial

  11. If the letter does not work, sue in small claims court. You do not need a lawyer there. Filing usually costs $10 to $50. In most states you can sue for up to $5,000 to $10,000. The exact limit depends on your state. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial

    This rule depends on where you live. See the rule in every place we cover.

  12. Many states make a landlord pay a penalty for wrongly keeping a deposit. If a court rules in your favor, the penalty is often 2 or 3 times the deposit. For example, 3 times a $1,000 deposit is $3,000.

    RenterLaw editorial

    This rule depends on where you live. See the rule in every place we cover.

Published by Nazanin · September 24, 2026

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