ClauseryHow to return a security deposit: deadlines and deductions
Most deposit disputes come down to two things: the landlord missed the deadline, or kept money without a clear, itemized reason. Get both right and there is rarely an argument.
The deadline
Every US state sets its own deadline, counted from the day the tenant moves out and returns the keys. Some examples:
| State | Deadline to return the deposit or send the itemized list |
|---|---|
| California | 21 days |
| New York | 14 days |
| Texas | 30 days |
| Massachusetts, New Jersey | 30 days |
| Florida | 15 days if nothing is deducted; 30 days to give written notice of a claim |
Missing the deadline is expensive. In several states the landlord loses the right to keep any of the deposit, and a landlord who keeps money in bad faith can owe two or three times the amount withheld. Rules change, and some cities add their own, so check the current law for the property before you rely on any figure here. The free deadline calculator counts the days from move-out.
What you can deduct
- Unpaid rent and other charges the lease allows.
- Damage beyond normal wear and tear: holes in walls, broken fixtures, burns or stains, pet damage.
- Cleaning needed to bring the place back to how clean it was at move-in, not better.
What you cannot deduct
Normal wear and tear from ordinary living: faded paint, light scuffs, carpet worn by foot traffic, loose door handles, a few small nail holes. Nor can you charge the tenant for upgrades, or for the cost of fixing damage that was there before they moved in. That is what the move-in checklist and photos are for.
Itemize every deduction
Send a letter that lists the deposit, any interest, each deduction with what it was for and how much, the total deducted and the refund. Attach receipts or estimates where you have them; California, for example, requires copies of receipts for repair or cleaning charges over $125. Send it to the tenant's forwarding address in a way you can prove, and keep a copy with your move-in and move-out photos.
Two extras some places require
- Interest. Some states and cities require interest on deposits, such as Massachusetts, and New York for buildings with six or more units.
- A pre-move-out inspection. In California, the landlord must offer the tenant an inspection before they leave, so they can fix problems and avoid deductions.
Use the free template
The free security deposit return letter lists the deposit, any interest, each deduction with its amount, the total deducted and the refund. Fill it in online or download the Word file. The other landlord forms, including the move-in checklist and the notice to vacate, are on the landlord and tenant page.
General information, not legal advice. Deposit rules vary by state and city and change from time to time.
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