Can My Landlord Keep My Security Deposit?
"Normal wear and tear" is the phrase that decides most disputes — and it almost never includes the everyday aging of a unit.
What a landlord can (and can’t) deduct
Generally allowed: unpaid rent, repair of actual damage you caused, and sometimes cleaning to return the unit to its move-in condition.
Generally not allowed: normal wear and tear — faded paint, minor carpet wear, small nail holes, worn fixtures from ordinary use. Charging you to repaint or re-carpet simply due to age is usually not permitted.
What the rules usually require
Most states impose obligations on the landlord, not just the tenant:
- A return deadline — often 14–30 days after you move out, depending on your state.
- An itemized list — if they keep any of it, most states require a written, itemized statement of deductions.
- Receipts in some states — certain states require proof of repair costs for deductions over a threshold.
- Penalties for violations — many states let you recover 2–3× the deposit if the landlord wrongfully withholds it.
The legal line is whether deterioration came from ordinary living (wear) or from neglect, abuse, or accident (damage). Sun-faded carpet is wear; a wine-stained, burned carpet is damage.
How to get yours back
Document the unit’s condition at move-out with dated photos. Send your forwarding address in writing so the clock starts. If deductions seem wrong, request the itemized statement and receipts, then send a written demand citing your state’s deposit law. Small claims court is the common next step, and many states award penalties for bad-faith withholding.
Got a deposit deduction that seems wrong?
Paste your lease or the landlord’s itemized statement into Main AI — it flags charges that may not be allowed and what your state’s rules require.
Analyze your document — freeCommon questions
How long does a landlord have to return my deposit?
It varies by state — commonly 14 to 30 days after you move out. Your lease and your state’s security-deposit statute set the exact deadline, and missing it can cost the landlord penalties.
Can they charge me for normal wear and tear?
Generally no. Routine deterioration from ordinary use — minor scuffs, light carpet wear, small nail holes — is the landlord’s cost, not yours. Only damage beyond normal use is deductible.
What if they keep it without explanation?
Most states require a written, itemized statement of deductions by the deadline. No statement — or a vague one — often means they owe the full deposit back, sometimes with a penalty.
What can I do if I disagree?
Request the itemized list and receipts, send a written demand citing your state’s law, and if needed file in small claims court. Many states award 2–3× the amount for wrongful withholding.