Security Deposit Return Timelines
- Landlord's Obligations in Returning the Security Deposit
- Tenant's Rights When a Landlord Doesn't Return the Security Deposit
- Related Resources
- Learn More From a Lawyer
When you rent a house or apartment, you'll most likely be asked for a security deposit along with your first month's (and perhaps also last month's) rent before you move in.
The deposit is the landlord's way of making sure that they have money to cover the cost of damages to the rental unit, cleaning, and/or unpaid rent. Note, however, that the landlord can't charge you for normal wear and tear of the rental property.
That's a lot of money to pay at once, but keep in mind that you will most likely get back all or most of the amount of the security deposit you put in at the end of the lease term. States recognize the need for renters to get that deposit back as soon as possible when they move out since they likely will have to pay another deposit for their next rental.
Your security deposit return and deposit amounts are governed by state laws. These laws outline how long your landlord has to return your security deposit (along with other deposit-related provisions).
Here are some guidelines on how long a landlord has to return a tenant's security deposit. Always check your state's laws, because many time-periods have exceptions to these general rules:
14 days: Alaska, Arizona, Hawaii, Nebraska, South Dakota, Vermont, Washington.
20 days: Delaware, Rhode Island.
21 days: California, Idaho, Minnesota.
30 days: Arkansas, Connecticut, Illinois, Iowa, Kansas, Kentucky, Maine, Massachusetts, Michigan, Missouri, Montana, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Wyoming.
One month: Colorado, Georgia, Louisiana.
45 days: District of Columbia, Indiana, Maryland, Mississippi, Virginia.
No deadline: Tennessee, West Virginia.
Others: Alabama (35 days), Florida (15 to 60 days, depending on whether the tenant disputes the deductions), New York ("a reasonable time"), Oregon (31 days).
While "a reasonable time" is tricky with respect to New York's security deposit return deadline. This is decided on a case-by-case basis in small claims court (should it get to that point).
If your landlord fails to return your security deposit or you believe your security deposit return is overdue, give your landlord written notice before taking your case to court. Also keep in mind that most state laws establish a limit for how much a landlord may charge for a security deposit, typically equal to the amount of one month's rent.
- Rent and Security Deposit Tips - Guide for landlords on best practices for handling rent and security deposits, such as establishing firm deadlines and putting rental agreements into writing.
- Security Deposit Laws Can Help You Get Your Deposit Back - How a landlord may deduct from your deposit to pay for repairs and other expenses, plus how you can sue if the landlord violates the law.
- The Difference Between Last Month's Rent and a Security Deposit - An introduction to the legal difference between a "security deposit" and "last month's rent."
It was hard enough just coming up with the money for the security deposit when you signed the lease last year. But now you're trying to put a deposit on a new place and you're still waiting to get it back. What can you do? If your landlord hasn't complied with state law, and you've already sent them a letter asking for payment, you may need to file a claim. Get legal advice today by talking to a skilled landlord-tenant attorney near you.
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