SECURITY DEPOSITS
What can a landlord deduct from a security deposit?
SHORT ANSWER
Landlords can deduct for unpaid rent, damage beyond normal wear and tear, and cleaning to return the unit to move-in condition — never for ordinary wear.
Legitimate deductions generally include unpaid rent, repair of actual damage the tenant caused (a broken window, a hole in the wall, pet stains), and cleaning needed to restore the unit to its move-in condition. What landlords cannot deduct: normal wear and tear — the natural aging that comes from ordinary living — or pre-existing damage, or routine repainting and re-carpeting on a normal replacement cycle.
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
- Compare any deduction against your move-in and move-out photos.
- Separate "damage" (deductible) from "wear and tear" (not deductible) for each line item.
- Request receipts — many states require the landlord to document actual costs.
- Dispute unjustified deductions in writing, citing your state’s wear-and-tear rule.
Common questions
Is carpet cleaning a legal deduction?
Routine carpet cleaning from normal use generally is not deductible. Cleaning to address damage beyond ordinary wear — like pet stains or burns — usually is.
Can they charge me for repainting?
Repainting on a normal cycle is typically considered ordinary wear and not deductible. Painting to cover tenant-caused damage may be.
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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.