Security deposits are standard when renting an apartment or home, but disputes over them are among the most common landlord-tenant issues. Knowing your rights under security deposit laws can help you avoid losing money unfairly.
What Is a Security Deposit?
It’s a sum of money—usually equal to one or two months’ rent—collected by the landlord before move-in to cover potential damages, unpaid rent, or lease violations.
State-Specific Rules
Each state has its own laws governing:
- Maximum amount: Some states cap the deposit at one or two months’ rent.
- Deadline for return: Typically 14 to 30 days after move-out.
- Itemized deductions: Landlords must provide a written list of any deductions made.
- Interest on deposit: In some states, landlords must pay interest on held deposits.
What Can Be Deducted?
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning costs (if the unit is unusually dirty)
- Cost to remove abandoned property
What Cannot Be Deducted
- Normal wear and tear (e.g., worn carpet, minor scuff marks)
- Damage that existed before you moved in
- Costs for routine maintenance
Tips to Protect Your Deposit
- Do a walk-through before moving in and document any existing damage.
- Take photos of the apartment before and after your tenancy.
- Give proper notice before moving out.
- Clean thoroughly and repair any damage you caused.
- Request a final inspection with the landlord.
If Your Deposit Is Unfairly Withheld
- Send a written demand letter requesting the return of the deposit.
- File a small claims court case if the landlord refuses.
- Some states allow tenants to recover double or triple damages for wrongful withholding.
Conclusion
Understanding your rights and responsibilities around security deposits helps prevent disputes. Clear communication and good documentation are key to getting your money back.