How to get your security deposit back (US)
If your landlord won't return your security deposit, you usually have more leverage than you think. Across most US states the same basic framework applies, even though the exact numbers differ. Here's how it generally works and what you can do next.
1. Know your state's deadline
Most states require a landlord to return your deposit within a set window after you move out — commonly 14 to 30 days — and to include an itemised statement of anything they deducted. A few states are shorter or longer, so the deadline that matters is the one in the state where you rented.
2. What a landlord can (and can't) deduct
Landlords can generally deduct for unpaid rent and for damage beyond normal wear and tear. They typically cannot charge you for ordinary aging — minor scuffs, small nail holes, or faded paint from normal living. If a deduction looks like routine upkeep, it's worth questioning.
3. Send a written demand letter
A short, dated letter often resolves it. State the amount owed, reference your state's return deadline, attach your evidence, and give a clear deadline to pay (say, 10 days). Keep a copy and send it in a way you can prove was delivered.
4. Small claims court
If the landlord still won't pay, security-deposit disputes are a classic small claims case: low filing fees, no lawyer required, and designed for exactly this. Some states also let you recover extra (sometimes double or triple the deposit) if the landlord withheld it in bad faith.
Common questions
- How long does a landlord have to return a deposit?
- Usually 14–30 days after move-out, depending on the state, often with an itemised deduction list.
- Can they keep it for normal wear and tear?
- Generally no — only for damage beyond normal wear and tear, or unpaid rent.
- What if they just ignore me?
- Send a written demand letter, then file in small claims court if needed.
Every state is a little different. Tell the assistant your state and what happened for a plain-language starting point.
This guide is general information about US residential tenancies and is not legal advice. Deposit rules are set by each state and can change. For your specific situation, check your state's official tenant resources or consult a licensed lawyer.