Security Deposits
Quick answer
Start by reviewing the itemized deduction list against your move-in and move-out documentation. If deductions are unfair, send a written dispute letter to your landlord, and if unresolved, file a claim in small claims court.
If your landlord deducted amounts you believe are unfair, you have the right to dispute them. The process typically involves reviewing the itemized statement, sending a formal dispute letter, and if necessary, pursuing the matter in small claims court.
Request an itemized list of deductions if you haven't received one—most states require it by law. Compare each deduction against your move-in and move-out photos and your lease terms. Common invalid deductions include charges for normal wear and tear, routine cleaning, pre-existing damage, and repairs at inflated prices. Many states penalize landlords who deduct in bad faith with double or triple damages.
Write a formal dispute letter that identifies each contested deduction, explains why it's invalid, and includes supporting evidence like photos and receipts. Send it via certified mail so you have proof of delivery. Give your landlord a reasonable deadline—typically 7 to 14 days—to respond.
If your landlord doesn't resolve the dispute, file a claim in small claims court. Filing fees are typically $30–$75 and you don't need a lawyer. Bring all documentation: your lease, the itemized statement, photos, and correspondence. Honestkey™ can help you identify which deductions violate your state's security deposit laws.
Can my landlord keep my deposit for normal wear and tear?
No. In virtually every state, landlords cannot deduct from your security deposit for normal wear and tear. They can only deduct for damage beyond what is expected from ordinary use of the property.
What is normal wear and tear vs damage?
Normal wear and tear is the natural deterioration from everyday living—think minor scuffs, faded paint, and light carpet wear. Damage is deterioration caused by neglect, abuse, or misuse—like large holes, stains, burns, or broken fixtures.
What happens if I don't get my security deposit back?
If your landlord fails to return your deposit within the state-mandated deadline (typically 14-30 days), you can send a demand letter and then file a claim in small claims court. Many states award double or triple damages for bad-faith withholding.
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