When you move into a rental unit, you usually pay a security deposit to protect the landlord against damage or unpaid rent. But tenants have rights—and landlords must follow strict rules on how they handle and return those deposits.
How Much Can Be Charged?
Most states cap the security deposit at:
- One or two months’ rent
- Some states (like Texas) have no cap, but local ordinances may apply
Pet deposits or move-in fees may be separate.
What Can the Deposit Be Used For?
Landlords can deduct for:
- Unpaid rent
- Damages beyond normal wear and tear
- Cleaning (if excessive)
- Broken appliances or holes in walls
They cannot deduct for:
- Routine cleaning
- Worn carpets or faded paint
- Small nail holes
Time Limits for Return
Laws vary by state, but typically:
- Landlords must return the deposit within 14–30 days
- They must include an itemized list of deductions
Failure to comply may result in penalties—sometimes up to 3x the deposit.
Documentation Tips for Tenants
- Take photos/videos during move-in and move-out
- Request a move-out inspection
- Keep a copy of your lease and payment receipts
These documents can support your case if the landlord withholds money unfairly.
What If the Deposit Isn’t Returned?
- Send a written demand letter by certified mail
- File a claim in small claims court if ignored
- Some states allow attorney’s fees if you win
Conclusion
Security deposits are a frequent source of dispute between landlords and tenants. Knowing your rights and documenting the condition of the unit can help you get your deposit back quickly and fully.
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