Courts · Law · Policy · Practice
Know Your RightsHousing

Security Deposit Refund Rules by State: Deadlines, Deductions, Normal Wear and Tear, and What to Do When the Landlord Keeps It

Fifty states, fifty deadlines, and a penalty in most of them for the landlord who misses it. Here is the map, and the four steps that get the money back.

The Counsel Rights Desk
The Counsel Rights DeskPlain-language guides to everyday law
Published
8 min read
Keys on a counter in an empty apartment, illustrating security deposit refund rules by state
Photograph: The Counsel

The short version

  • The landlord must return your deposit, or an itemized statement of deductions plus the balance, within a deadline set by state law — 14 to 60 days, most often 30.
  • Deductions are limited to unpaid rent, damage beyond normal wear and tear, and what the lease and state law allow; faded paint, small nail holes and worn carpet are not damage.
  • A landlord who misses the deadline or withholds in bad faith owes a penalty in most states — double or triple the deposit in several — and small claims court is built for these cases.

A security deposit is the tenant's money, held by the landlord as security against unpaid rent and damage. Every state regulates how it must be handled, when it must be returned and what the landlord may keep, and most impose penalties on landlords who break the rules. The rules differ enough that the first question is always which state's law applies — the state where the property is, not where the landlord lives. This guide sets out the deadlines and caps for the most populous states, the national rules on deductions, and how to get a wrongfully withheld deposit back.

Deadlines and caps by state

"Deadline" is the number of days after the tenancy ends and the tenant vacates within which the landlord must return the deposit and any itemized statement. "Cap" is the maximum the landlord may collect. "Penalty" is what the tenant may recover beyond the deposit for a wrongful withholding or a missed deadline. Verify against the current statute; several changed in 2023–25.

StateDeadlineCapInterestPenalty for wrongful withholding
California21 days1 month's rent (2 months for small landlords) since July 2024; landlords must photograph the unit at move-in and move-outNo (some cities yes)Up to 2× deposit for bad faith
New York14 days1 month's rentYes, if building has 6+ unitsForfeits right to deduct; up to 2× for willful violation
Texas30 daysNoneNo3× the withheld amount plus $100 and fees for bad faith
Florida15 days if no deductions; 30 days to notify claim, tenant has 15 days to objectNoneOnly if held in interest-bearing accountForfeits claim if notice late; fees to prevailing party
Illinois30 days to itemize, 45 to return (5+ units); Chicago: 45 daysNone (Chicago rules apply)Yes for 25+ units; Chicago yes2× deposit plus fees (5+ units); Chicago 2×
Pennsylvania30 days2 months first year, 1 month afterYes after 2nd year2× deposit if no itemization in 30 days
Ohio30 daysNone5% if deposit exceeds $50 or 1 month and tenancy 6+ monthsAmount wrongfully withheld plus equal damages and fees
Georgia30 daysNoneNo3× for bad-faith withholding plus fees
North Carolina30 days (60 if damages still being assessed)2 months (longer leases); 1.5 months month-to-monthNoForfeits right to deduct; fees
Michigan30 days1.5 monthsNo2× deposit if not returned or itemized
New Jersey30 days1.5 monthsYes2× the amount wrongfully withheld plus fees
Virginia45 days2 monthsNoActual damages and fees
Washington30 daysNoneNoUp to 2× deposit for bad faith; no deduction for wear and tear after 2023 amendments
Arizona14 business days1.5 monthsNo2× the amount wrongfully withheld
Massachusetts30 days1 monthYes, 5% or bank rate3× deposit plus interest and fees for violations
TennesseeNo fixed deadline; itemization at move-out inspectionNoneNoTenant may sue for the deposit
Indiana45 daysNoneNoForfeits right to deduct; fees
Maryland45 days2 monthsYesUp to 3× withheld amount plus fees
Colorado30 days (up to 60 if lease says)None (2 months for mobile homes)No3× for bad faith plus fees
Minnesota21 daysNoneYes, 1%Up to 2× for bad faith plus the deposit
Oregon31 daysNoneNo2× the amount wrongfully withheld
Connecticut21 days2 months (1 month if tenant 62+)Yes2× deposit

Normal wear and tear versus damage

Normal wear and tear (not deductible)Damage (deductible)
Faded or slightly dirty paint; small nail holes from picturesLarge holes in walls; unapproved paint colors; crayon or marker that requires repainting
Worn carpet in traffic areas; minor scuffs on floorsStains, burns, pet urine; gouges in hardwood
Loose grout; worn caulking; minor mineral depositsBroken tiles; mold from tenant's failure to ventilate or report leaks
Dusty blinds; dirty windowsBroken blinds; cracked windows
Appliances worn through ordinary useAppliances broken through misuse; missing parts
Ordinary cleaning needed after years of livingTrash left behind; heavy cleaning beyond move-in condition

Two principles apply nearly everywhere. The landlord may charge only the cost of returning the unit to its move-in condition, not of improving it; and the landlord must account for age — a carpet with a ten-year life that was seven years old at move-out can be charged at three-tenths of replacement cost, not full price. Several states require that itemizations include receipts or estimates for any deduction above a threshold.

Getting it back: four steps

  1. Document before you leave. Photograph and video every room, inside cabinets and appliances, with a timestamp; request a move-out inspection, which several states require the landlord to offer; return the keys and get a receipt; give the landlord your forwarding address in writing, because most deadlines run from that and some states excuse the landlord until it is provided.
  2. Demand in writing when the deadline passes. A short letter or email: the tenancy end date, the deposit amount, the statutory deadline, a request for the deposit or an itemization within a stated number of days, and a reference to the penalty your state imposes. Send it by a method that proves delivery.
  3. Dispute the itemization line by line if one arrives: identify each charge that is wear and tear, pre-existing, unsupported by a receipt or not prorated for age, with your photos attached. Many landlords pay at this stage.
  4. File in small claims court. Filing fees are modest, lawyers are not required and in some states not allowed, and the limits cover nearly every deposit: $12,500 in California, $10,000 in New York City, $20,000 in Texas, $8,000 in Florida. Bring the lease, the photos, the move-in checklist, the demand letter and proof of the forwarding address. Ask for the deposit, the statutory penalty, interest where it applies, costs and, where allowed, fees.
Two mistakes that cost tenants their depositsNot giving a forwarding address in writing — in Texas, California and other states the landlord's clock does not start until you do. And using the deposit as the last month's rent without the landlord's agreement, which is a lease breach in most states and converts the dispute from the landlord's problem into yours.

Caps and other rules at move-in

A growing number of states cap deposits: one month's rent in California, New York and Massachusetts; one and a half months in New Jersey, Michigan and Arizona; two months in Pennsylvania, Connecticut, Virginia and Maryland. Several require the landlord to tell the tenant where the deposit is held and to provide a move-in inspection checklist, and a few — Massachusetts most strictly — void the landlord's right to keep any part of the deposit for failing to follow the procedure. Pet deposits, cleaning fees and "non-refundable" deposits are regulated separately; in California and several other states, any amount called a deposit must be refundable.

Frequently asked questions
How long does a landlord have to return a deposit?

14 days in New York, 21 in California and Minnesota, 30 in Texas and most states, 45 in Virginia, Indiana and Maryland, up to 60 in a few; the deadline usually runs from move-out and the forwarding address, and includes the itemization.

What can a landlord deduct?

Unpaid rent, damage beyond normal wear and tear, cleaning to move-in condition and what the lease and state law allow — prorated for age and supported by receipts in many states. Not faded paint, small nail holes or worn carpet.

What if the landlord does not return it?

Send a written demand, dispute the itemization, then file in small claims court, where penalties of two or three times the deposit apply in many states for bad faith or missed deadlines.

Does the landlord owe interest?

In Massachusetts, Connecticut, New Jersey, Maryland, Chicago, D.C. and some others, yes; in most states, only if the lease provides it.

Tenants in cities with their own ordinances — Chicago, Seattle, Washington D.C. and others — should check the local rules, which often add deadlines, interest and penalties on top of the state's. Legal aid organizations handle deposit disputes for low-income tenants without charge.

The Counsel Rights Desk

The Counsel Rights Desk

Plain-language guides to everyday law

The Rights Desk writes explainers on consumer, employment, housing and health law for readers without lawyers. Every guide is reviewed by a practicing attorney before publication.

This guide is for general information only and is not legal advice. Deposit deadlines, caps and penalties are set by state and local law and change; confirm the current statute for the property's location or consult a tenants' rights organization.