SECURITY DEPOSITS
How long does my landlord have to return my security deposit?
SHORT ANSWER
Most states give landlords 14 to 45 days after you move out to return your deposit or send an itemized list of deductions.
The exact deadline is set by your state, and it usually runs from the day your tenancy ends and you hand back possession. Common windows: 14 days (Arizona), 21 days (California), 30 days (many states), and up to 45 days (Virginia). Miss it, and in many states the landlord forfeits the right to keep any of the deposit — some add double or triple damages on top.
What the statutes say
These are verified from primary sources. The exact number for your state may differ — see the state law library.
Cal. Civ. Code § 1950.5 · CA
Caps residential security deposit at one month rent (effective July 1, 2024). Requires itemized deduction statement within 21 days of move-out.
NY Gen. Oblig. Law § 7-103 · NY
Security deposit must be held in trust, separate from landlord assets. In buildings with 6+ units, must be in interest-bearing account.
Tex. Prop. Code § 92.101 et seq. · TX
Landlord must refund deposit + itemized deductions within 30 days of surrender. Bad-faith retention triggers treble damages + $100.
What to do, in order
- Find your move-out date and count the days since — that starts the clock.
- Check your state’s exact deadline in the law library (linked below).
- If the deadline passed with no itemized statement, send a written demand citing the statute.
- Keep proof of your forwarding address — many states only require return once you provide it.
- No response in 10–14 days? Small claims court is designed for exactly this.
Common questions
What if my landlord never sends an itemized list?
In most states, failing to send an itemized statement of deductions by the deadline forfeits the landlord’s right to keep any part of the deposit, and can expose them to additional penalty damages.
Can my landlord keep my deposit for normal wear and tear?
No. Normal wear and tear — minor scuffs, faded paint, worn carpet from ordinary use — cannot be deducted. Only actual damage beyond normal use is deductible.
What if I never gave a forwarding address?
Many states only require the landlord to return the deposit once you provide a forwarding address in writing. Send one, keep proof, and the clock starts.
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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.