Get Your Security Deposit Back
Don't let your landlord stiff you know the law.
Most states hold landlords to strict guidelines as to when and how to return security deposits. Landlords who violate these laws can be held to stiff penalties.
Wear and Tear
The general rule is that you are not responsible for normal wear and tear. For example, if the dishwasher must be replaced because it has simply worn out, that's the landlord's responsibility. For more information, see Chart: Cleaning and Repairs a Landlord Can Deduct From a Security Deposit.
If you or your guest cause damage by your unreasonable carelessness or deliberate misuse, however, you must pay for it. The cost of replacing the dining room carpet because your fish tank sprang a leak will properly come out of the deposit. You must leave a rental at least as clean as it was when you moved in.
Because "normal wear and tear" can be interpreted many different ways, disputes often arise. The bottom line is that the better you itemize and document the condition of your unit when you move in, the better case you'll have against a landlord who tries to gouge you on the way out. For information on documenting the move-in condition of your rental, see the article Protect Your Security Deposit When You Move In.
Deadlines
Landlords are typically required to return security deposits within 14 to 30 days after you move out. For the amount of time in your state, see Chart: Deadline for Returning Security Deposits, State-by-State.
The landlord must send, to your last known address, either:
- Your entire deposit (plus interest, in some states and in some cities), or
- A written, itemized statement describing how the deposit was applied to back rent, cleaning, or repairs, plus the remainder of the deposit.
Small Claims Court
If your landlord fails to return your deposit when and how required, you can sue the landlord in small claims court. If the landlord has intentionally and flagrantly violated the law, in some states, you can recover two or three times the amount of the deposit, plus attorneys' fees and other damages. For information on suing in small claims curt, see the Small Claims Court area of Nolo's website.
For more information on security deposits and other issues that renters face, see Renters' Rights: The Basics, by Janet Portman and Marcia Stewart (Nolo).
Nolo. (Reviewed 2016). Get Your Security Deposit Back Retrieved 7/7/2016 from http://www.nolo.com/.