Security deposits are standard in rental agreements, but disputes about refunds are extremely common. Understanding your tenant rights regarding security deposits can help you avoid losing money unfairly.
What Is a Security Deposit?
A security deposit is money paid to a landlord before moving in, intended to cover:
- Damage beyond normal wear and tear
- Unpaid rent
- Cleaning costs (if necessary)
It is not a prepayment of rent and must be returned after the lease ends, minus lawful deductions.
State Laws Vary
Each state has different rules for:
- Maximum deposit amount (e.g., 1–2 months’ rent)
- Timeframe for returning the deposit (usually 14–30 days)
- Required itemized deduction statements
Check your state’s landlord-tenant laws for exact rules.
Common Disputes
- Landlord keeps the deposit for normal wear and tear (which is illegal)
- No itemized list of deductions
- Unreasonable cleaning charges
- Unreturned deposit despite no damages
How to Protect Your Deposit
- Take photos of the unit when moving in and out
- Do a walkthrough with your landlord, if possible
- Keep receipts for any cleaning or repairs you handle
- Give proper notice when vacating (usually 30 days)
- Request a move-out inspection
What to Do If Your Deposit Isn’t Returned
- Send a demand letter requesting the return
- File a complaint with your local housing agency
- Sue in small claims court
Most states allow tenants to recover double or triple the deposit if the landlord wrongfully withholds it.
What Landlords Can Legally Deduct
- Unpaid rent
- Damage beyond ordinary wear (holes in walls, broken fixtures)
- Excessive filth or trash
- Missing items from furnished units
Conclusion
Security deposits often become a source of conflict, but knowing your rights and documenting everything can protect your money. If a landlord acts unlawfully, you have legal options to recover what you’re owed.