Lease Clause Guide
Security deposit deduction clauses define what your landlord can — and can't — take from your deposit when you move out.
Quick answer
Security deposit deduction clauses define what your landlord can — and can't — take from your deposit when you move out.
Plain-language explanation
A security deposit deduction clause specifies the conditions under which a landlord may withhold part or all of a tenant's security deposit after move-out. Legally, deductions are typically limited to unpaid rent, damages beyond normal wear and tear, and specified cleaning fees. The clause in your lease may try to expand what counts as a deductible expense — which is why it's critical to read carefully.
What's at stake for tenants
Security deposits represent a significant amount of money — often one to two months' rent. Deposit disputes can turn on vague or overly broad deduction language in the lease. Understanding exactly what your landlord can deduct, what your state prohibits, and what counts as "normal wear and tear" can be the difference between getting your money back or losing it.
Warning signs in your lease
Key details in your lease
How this clause is regulated across the U.S.
21-day return deadline. Itemized statement required. No non-refundable deposits. Normal wear and tear cannot be deducted.
View California tenant rights14-day return deadline. Itemized receipt required. Max deposit is 1 month's rent. Interest must be paid in buildings with 6+ units.
View New York tenant rights30-day return deadline. Itemized list of deductions required. No statutory cap on deposit amount.
View Texas tenant rights15 days if no deductions, 30 days to notify of intent to claim. Landlord must hold in a separate account or post surety bond.
View Florida tenant rightsItemized damage statement with receipts due within 30 days of move-out to keep any part of the deposit for damage; otherwise the whole deposit is due within 45 days. Interest required on deposits held over 6 months in buildings or complexes with 25+ units statewide; Chicago has its own interest rule.
View Illinois tenant rights30-day return. Must provide itemized list. Landlord must hold the deposit in escrow (or post a surety bond) and tell the tenant in writing where it is. The move-in damage list and the escrow rules do not apply to an individual who owns 10 or fewer rental units and uses no paid manager.
View Georgia tenant rights21-day return. Detailed statement required. Landlord must document condition with a move-in checklist.
View Washington tenant rights30-day return (or 60 if stated in lease). Itemized statement required. Normal wear and tear is not deductible.
View Colorado tenant rights30-day return. Deposit must be held in interest-bearing escrow. One of the strictest deposit laws in the country — violations allow treble damages.
View Massachusetts tenant rights30-day return. Interest or investment earnings must be paid annually. Deposit limited to 1.5 months' rent.
View New Jersey tenant rights30-day return. Max deposit is 2 months' rent (1 month after first year). Itemized list required for any deductions.
View Pennsylvania tenant rights30-day return. Itemized deductions required. No statutory cap on deposit amount.
View Ohio tenant rights45-day return. Itemized list required. Max deposit is 2 months' rent. Landlord must pay interest if held in certain accounts.
View Virginia tenant rights14 business days to return. Itemized statement required. Normal wear and tear not deductible. Max deposit is 1.5 months' rent.
View Arizona tenant rights30-day return. Itemized statement required within 30 days. Max deposit is 1.5 months' rent. Must be held in regulated financial institution.
View Michigan tenant rights30-day return. Itemized accounting required. Landlord must hold deposit in trust account. Max is 2 months' rent (1.5 months for month-to-month, 2 weeks' rent for week-to-week).
View North Carolina tenant rightsDon't see your state? Laws vary significantly — upload your lease for a state-specific analysis.
Check Your LeaseSomething else? Contact our team
Normal wear and tear includes minor scuffs on walls, small nail holes, carpet wear from foot traffic, and fading from sunlight. Damage includes large holes in walls, stained or burned carpet, broken fixtures, and unauthorized modifications. Your landlord cannot deduct for normal wear and tear.
Only if the unit is left dirtier than when you moved in (beyond normal use) or if your lease requires professional cleaning AND that requirement is enforceable in your state. Many states prohibit mandatory cleaning charges if you leave the unit in reasonable condition.
Most states impose penalties on landlords who miss the return deadline. Penalties range from forfeiting the right to make deductions to owing the tenant double or even triple the deposit amount. Check your state's specific deadline and penalties.
It's strongly recommended even if not legally required. Document the unit's condition with photos and a written checklist at move-in and move-out. Some states legally require landlords to provide a move-in condition report.
This depends entirely on state law. Some states (like California) prohibit non-refundable deposits. Others allow non-refundable fees if clearly labeled as such. If your lease calls it a "deposit" but says it's non-refundable, check whether that's legal in your state.
Upload it now and see your first red flags in the free preview.
Check my lease free