How To Get Your Security Deposit Back

Disputes over security deposits are common between tenants and landlords at the end of a lease term. Renters often pay a security deposit at the start of the lease or rental period. The security deposit is often equal to one month’s rent. Landlords must return a security deposit, as required by state law, at the end of a tenancy, minus the cost of repairs and cleaning.

This article explains security deposits and shares tips for getting a full security deposit refund. If you’re facing a delay with your security deposit or unexpected deductions, legal help is available. A local attorney can review your lease, assert your state’s legal protections, and fight for your security deposit.

What Is a Security Deposit?

A security deposit is money a landlord collects to protect against damage to the rental property or unpaid rent. Security deposits incentivize tenants to keep the rental unit in good condition. These deposits are not synonymous with last month’s rent. Last month’s rent should cover only the tenant’s final month. Landlords cannot deduct anything from the last month’s rent.

Many states require landlords or property managers to keep the tenant’s security deposit in an interest-bearing account. The landlord must pay any interest collected to the tenant at the end of the lease.

State laws often regulate different aspects of a tenant’s security deposit, including the following:

• The amount of the deposit the landlord may request
• Where to keep the security deposit (interest-bearing account)
• The time frame for the return of the security deposit

Security deposit laws vary by state, so tenants should check their state laws before taking any action.

Protecting Your Security Deposit Starts When You Move In

Tenants should always do a walk-through of the dwelling unit before moving in and out. They should take photos and videos of the unit and note any existing damage. They should then create an itemized list of damages before they move in and send it to the landlord.

This helps create and preserve a record of the original condition of the dwelling unit. This record may help the tenant keep their entire security deposit once their tenancy ends.

Submit a Lease Termination Letter

Even though the lease states its end date, a tenant should give the landlord proper notice. They can do so by sending written notice via certified mail. Written notice helps avoid barriers to returning the security deposit, such as a lack of a forwarding address.

The letter should include the following details:

• Name and address of the landlord
• Date
• Tenant’s new address or forwarding address
• Tenant’s phone number
• Request the return of the deposit

Clean Your Rental Unit

Clean your rental unit before you move out. The landlord can deduct cleaning costs from the security deposit if you don’t. Once you have moved all your belongings from your rental unit, return to clean it thoroughly. Many landlords provide a list of what to clean as part of the move-out checklist.

Complete a Move-Out Inspection

Ask for a final walk-through before you fully vacate the rental unit. Doing so protects you and the landlord because both parties can review the unit’s condition in real time.

The landlord can ask for minor repairs on the spot instead of waiting until the tenant moves out. The tenant can point out any damage that exceeds normal wear and tear of the rental property. A move-out inspection can help both parties avoid any surprises.

Returning the Security Deposit

Ideally, the landlord returns the entire security deposit to the tenant. If they make any deductions, they should return the balance with an itemized statement or list of damages. The landlord can only charge for actual damages that exceed normal wear and tear.

Normal wear and tear includes but is not limited to the following:

• Broken light bulbs
• Dirty window treatments
• Dust

Normal wear and tear does not include:

• Intentionally clogging the unit’s plumbing
• Intentionally broken windows or doors
• Intentionally broken appliances

Landlords should return any unused portion of the security deposit and the itemized statement within the correct time frame. State law or the rental agreement sets the time limit for returning the deposit. Tenants have options if the landlord fails to return the security deposit promptly.

What To Do if Your Landlord Fails To Return Your Security Deposit

Suppose your landlord does not return your security deposit or send you an itemized statement. Your first step is to ask them to return the full security deposit. You can follow your verbal request with a written one sent by certified mail demanding the return of the deposit.

Report Your Landlord

One option is to report the landlord or property manager to the local housing authority for failing to return the security deposit.

For example, Montgomery County’s Department of Housing and Community Affairs, Office of Landlord-Tenant Affairs, regulates landlord-tenant issues in Montgomery County, Maryland. If a landlord in this community doesn’t return the tenant’s security deposit within 45 days, the tenant can file a complaint with the department.

Small Claims Court

Tenants may recover their security deposit in a small claims action. If the claim exceeds the small claims court maximum and the tenant uses a lawyer, they may recover reasonable attorney fees and court costs. Also, if your claim exceeds the small claims court maximum, you may have to move your claim to another court such as state or superior court, depending on your state.

You don’t need an attorney for a small claims case, but having an expert legal advocate on your side can improve your chances of a favorable outcome. Find local legal help.

If the court finds the landlord acted in bad faith, it can award the tenant two to three times the security deposit. The downside to a lawsuit is that your landlord can file counterclaims for damage to the apartment, violations of the lease agreement, and unpaid rent.

Missing Your Security Deposit? Get Legal Help

If you are having difficulty getting your security deposit back, a landlord-tenant attorney can help you. Landlord-tenant law is a niche area of real estate law. An attorney experienced in this area can protect both tenants’ and landlords’ rights.

Your attorney can negotiate on your behalf and send your landlord a demand letter. Sometimes, this nudge from an attorney is all it takes for them to return your deposit. If needed, your lawyer can also help you sue the landlord or take them to small claims court.

FindLaw’s directory of landlord-tenant lawyers can connect you with qualified legal help near you. Because state law is relevant, your attorney should be licensed in the state where the rental property is. Enter your city or ZIP code for a list of legal professionals in your area. Your search results will also show important details about prospective attorneys, like ratings and whether they offer free consultations.