How to Get Your Security Deposit Back: A Renter's Guide

Landlords can only keep a deposit for specific reasons. Here's how to protect yourself from move-in to move-out, and what to do if you're shortchanged.

A security deposit — often equal to one or two months' rent — is one of the largest sums renters hand over. Most renters are entitled to get it back, minus legitimate charges, but disputes are common. Security deposit rules are set by state law (and sometimes local law), so details differ, but the steps below protect you almost everywhere in the United States.

What landlords can usually deduct for

• Unpaid rent or other charges owed under the lease
• Damage beyond normal wear and tear — for example, large holes in walls, broken appliances, burns in carpet or pet damage
• Cleaning needed to return the unit to its move-in condition, in many states

What's "normal wear and tear"?

Landlords generally can't charge you for the ordinary deterioration that comes from living in a home. Examples usually include minor scuffs, small nail holes, faded paint or curtains, light carpet wear in walkways and loose door handles. The line between wear and damage can be gray, which is why documentation matters so much.

At move-in: protect yourself from day one

1. Read the lease for deposit amount, cleaning requirements and move-out notice rules.
2. Do a walk-through and use a move-in checklist, noting every existing problem, room by room. Ask the landlord to sign it, and keep a copy.
3. Take time-stamped photos and video of every room, appliance, floor and fixture, including close-ups of existing damage. Email them to yourself and the landlord to create a dated record.
4. Get a receipt for your deposit, and ask where it is being held. Some states require deposits to be kept in a separate account or to earn interest.

During your tenancy

• Report repair problems in writing, such as by email, and keep copies.
• Get permission in writing before painting or making changes.
• Don't use your deposit as your last month's rent unless your lease or state law allows it — it can create disputes.

At move-out

1. Give proper written notice as required by your lease and state law.
2. Clean thoroughly and make small repairs you're responsible for.
3. Ask for a pre-move-out inspection. Some states give tenants the right to one, so you can fix issues before you leave.
4. Photograph and video everything again after cleaning, matching your move-in photos.
5. Return all keys and get a written receipt.
6. Give your forwarding address in writing so the landlord knows where to send your deposit and any itemized list of deductions.

Deadlines and itemized statements

Most states require landlords to return the deposit, or send an itemized list of deductions, within a set number of days after you move out — commonly somewhere between two weeks and 45 days, depending on the state. Many states require receipts or estimates for repair charges, and some penalize landlords who wrongfully keep deposits with damages of up to two or three times the amount withheld. Check your state's rules through your state attorney general's or housing agency's website.

If your landlord keeps your deposit unfairly

1. Send a demand letter. Politely explain why the deductions are improper, cite your photos and your state's deposit law, request a specific amount, and set a reasonable deadline. Send it in a way you can prove, such as certified mail or email.
2. Contact local help. Tenant unions, legal aid organizations and local housing agencies can advise you, often for free. The Legal Services Corporation's website can help you find a legal aid office near you.
3. File in small claims court. Small claims courts handle deposit disputes regularly. Filing fees are modest, you don't need a lawyer, and your photos, checklist and messages are your evidence.

Know the special rules

Some states and cities cap how much a deposit can be, require interest to be paid on deposits, or have special rules for rent-controlled or subsidized housing. Active-duty military members may also have protections under the Servicemembers Civil Relief Act when terminating a lease. Because these rules vary, always confirm the law where you rent.

This guide is general information, not legal advice. Landlord-tenant laws differ by state and city.