Quick answerSecurity deposit limits and return deadlines depend on your state, city, and tenancy. Check the current local rule before calculating a deadline. Keep dated move-in and move-out photos, return the keys, and give a forwarding address in writing. If money is withheld, request an itemized explanation and compare it with your records and the applicable law.
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The basics that apply almost everywhere

  • A security deposit protects the landlord against unpaid rent and damage beyond normal wear and tear. It generally remains your money until lawful deductions are made.
  • Many states cap how much a landlord can require.
  • Deposit return deadlines and accounting duties vary by location. Check the rule for your tenancy and what starts the clock.
  • Landlords who miss the deadline or withhold in bad faith may forfeit the right to keep any of the deposit and owe penalties.
  • Nonrefundable fees (cleaning fees, pet fees) are treated differently from deposits; some states prohibit or limit them.

Check the rule that covers your home

There is no single national deposit cap or return deadline. State law, city rules, the type of tenancy, and sometimes the size of the property determine your rights. A deadline can start when you surrender possession, when the tenancy ends, or when the landlord receives a forwarding address. Some laws set separate deadlines for deductions and payment.

Use the state and territory resource finder to reach HUD’s local tenant resources, or USAGov’s tenant rights directory. Look for your state court’s self-help guide, attorney general, or current landlord–tenant statute. A lease cannot remove rights that the law makes mandatory.

These examples show why the details matter; they are not a nationwide deadline chart:

Location Return rule for covered tenancies Read the official rule
California Generally 21 days after move-out to refund the deposit or send the remaining amount and an itemized statement. Receipts and estimates have additional requirements. California Courts
New York For units that are not rent stabilized or rent controlled, 14 days after move-out for the remaining deposit and an itemized explanation. Regulated tenancies require checking their separate rules. New York Attorney General
Washington Generally 30 days after both termination of the rental agreement and vacation of the premises for the refund and a specific statement with required documentation. The statute includes exceptions. RCW 59.18.280

Before calculating your deadline, confirm: Does this law cover my rental? What starts the clock? Are these calendar or business days? Must I provide an address or written demand? What documentation and penalties does the statute require? Save the answer and source with your lease.

What landlords can deduct

Usually allowed:

  • Unpaid rent and, if the lease allows, unpaid utilities or fees
  • Repairing damage beyond normal wear and tear
  • Cleaning needed to return the unit to move-in condition
  • Costs of removing belongings or trash left behind
  • Rent lost because you broke the lease early (subject to the landlord’s duty to try to re-rent in most states)

Usually not allowed:

  • Normal wear and tear
  • Routine repainting or carpet replacement after a normal tenancy
  • Pre-existing damage you documented at move-in
  • Upgrades or improvements
  • Arbitrary fees not authorized by the lease or law

Many states require the landlord to send an itemized statement of deductions, sometimes with receipts or estimates. Check whether your state requires receipts, photographs, estimates, or other supporting records.

At move-in: protect yourself

  1. Get a receipt for the deposit and ask where it’s held.
  2. Complete a move-in checklist (many states require landlords to provide one) and note every existing problem.
  3. Take dated photos and video of every room, including floors, walls, appliances, windows, and bathrooms.
  4. Email the photos to yourself and the landlord to create a timestamp.
  5. Keep your lease and any addendums.

At move-out

  1. Give proper written notice under your lease.
  2. Clean thoroughly and remove all belongings.
  3. Request a pre-move-out inspection where available (California provides this right; check the rule where you live) so you can fix issues.
  4. Photograph and video the unit after cleaning.
  5. Return all keys and get a written acknowledgment.
  6. Give your forwarding address in writing (email and letter).
  7. Mark the deadline on your calendar.

If you don’t get your deposit back

1. Send a demand letter. Keep it short and factual:

I moved out of [address] on [date] and returned the keys. My forwarding address is [address]. Under [state statute], you were required to return my $[amount] security deposit or provide an itemized statement of deductions by [date]. I have not received it [or: the deductions of $___ are for normal wear and tear/pre-existing damage]. Please respond by [reasonable date consistent with local law] with payment and any required documentation. I am keeping records of this request.

This is a starting template, not a statutory notice. Confirm any required wording, delivery method, and waiting period with the court or legal aid. Send it by a trackable method and keep a copy.

2. File in small claims court. Filing fees are modest and often waivable. Bring your lease, receipts, photos, move-in and move-out checklists, communications, and the demand letter. Many states allow double or triple damages for bad-faith retention or missed deadlines, plus court costs and sometimes attorney’s fees.

3. Get help. Legal aid, tenant unions, and state attorney general consumer offices can help.

Special situations

  • Subsidized housing: HUD programs follow state deposit law, with some added rules. Deposit formulas and handling rules vary between HUD programs. Ask the owner for the rule covering your property; do not assume a voucher and a project-based property use the same formula. Voucher holders pay deposits from their own funds, though assistance may be available. See help with a security deposit.
  • Domestic violence survivors who terminate a lease early under state law may have special deposit rules.
  • Roommates: a deposit is usually returned jointly unless the lease or an agreement says otherwise. See shared housing.
  • Foreclosure: the new owner may be responsible for deposits. See renting in a foreclosure.

Frequently asked questions

What counts as normal wear and tear?

Deterioration from ordinary living: minor scuffs, small nail holes, faded paint, worn carpet in walkways, loose door handles from use. Damage is harm beyond ordinary use: large holes, burns, pet stains, broken windows, or missing fixtures. Landlords generally can’t charge for wear and tear, and some states now define it by statute.

Can my landlord keep my deposit for cleaning?

Usually only to return the unit to the level of cleanliness it had at move-in, not for routine turnover cleaning. Some states specifically bar charging for ordinary cleaning or repainting after a normal tenancy. Check your state law and your move-in photos.

Can the deposit be used for my last month’s rent?

Not unless your landlord agrees or your state allows it. Deposits are generally security for damage and unpaid amounts. Withholding last month’s rent can lead to late fees or an eviction filing. Ask your landlord in writing first.

What if my landlord sold the building?

In most states, the landlord must transfer the deposit to the new owner (and tell you) or return it to you. The new owner usually becomes responsible for returning it. Ask both in writing who holds your deposit.

Do I get interest on my deposit?

Only in some states and cities—for example, Massachusetts, Connecticut, New Jersey, Minnesota, New York (buildings with six or more units), Ohio (in certain cases), and the District of Columbia, plus cities such as Chicago. Check local law.

Can I sue for my deposit?

Yes, usually in small claims court, which is designed for people without lawyers. Many states award double or triple the amount wrongfully withheld, plus court costs, if the landlord acted in bad faith or missed the deadline.

Sources and verification

Use these sources to check program rules. Funding, openings, and local procedures must be confirmed with the agency handling your application.

Update note (2026-10-01): Removed an unreliable nationwide deadline table. Added directly sourced state examples and questions for checking the law covering a particular tenancy.

  1. Guide to security deposits in CaliforniaCalifornia Courts
  2. Residential tenants’ rights guideNew York Attorney General
  3. Tenant rightsUSAGov
  4. C.R.S. 38-12-102.5 and 38-12-103 (Colorado security deposits)Justia
  5. Connecticut General Statutes § 47a-21Justia
  6. Maryland SB 481 (2024), Renters’ Rights and Stabilization ActMaryland General Assembly
  7. RCW 59.18.280 (Washington security deposits)Washington State Legislature
  8. Kansas Statutes § 58-2550Kansas Office of Revisor of Statutes
  9. Find legal aidLegal Services Corporation

Found a changed rule or a broken link? Report a correction for this guide.

Published by Housing Assistance Info

Independent guidance based on the sources listed above. Read our sourcing, automated-tool, and correction policies.