Landlord won't return your deposit? Here's how to get it back.
If they missed your state's deadline, many states let you recover up to two or three times what they kept.
Step 1: check your landlord's deadline
How you get it back
- 1.
Check the deadline and what they owe
Your state and move-out date carry into your case. Add what was deducted and see which charges you can dispute and whether more than the deposit is on the table.
- 2.
Send a demand that cites your state statute
Your letter is built from your answers: the statute section, its deadline and what it lets you claim. Review it, sign it and send it - certified mailing can be added at checkout.
- 3.
If they ignore it, take it to small claims
Small claims usually works without a lawyer. The state-specific small-claims roadmap and your numbered evidence checklist come with the letter.
Full case package $29
One payment for the letter, the disputed-charge table, the numbered evidence checklist and the small-claims roadmap. Your case and analysis come first; payment unlocks the documents, and you see your price before checkout.
In most states your landlord has 14 to 30 days after you move out to return your security deposit or send you an itemized list of deductions. If that deadline passed, many states let you recover two or three times the amount withheld plus your court costs - and in a number of them, missing the deadline forfeits the right to keep any of it, however reasonable the deductions were.
1. Work out your deadline, and whether it has passed
The clock starts at move-out or when you hand back the keys, depending on the state, and it runs in calendar days unless the statute says otherwise. A handful of states use two deadlines: a shorter one if the landlord claims deductions, a longer one if the deposit comes back whole.
Check this before you argue about any individual charge. A missed deadline is provable from your lease and a postmark, while a dispute over a carpet is your word against theirs.
2. Demand the itemized statement in writing
Nearly every state requires the landlord to send an itemized written statement of what was deducted and why, and many require receipts or estimates for the work. If you never got one, say so in writing and ask for it - that request is itself evidence, and the failure to produce one is often the strongest single fact in a small-claims case.
Keep it factual and dated. You are building a record, not winning an argument by email.
3. Send a demand letter that cites your statute
A demand letter that names the statute, the deadline it sets and the damages it allows reads very differently from an angry email. It tells the landlord you know what a court would award, which is usually the point at which deposits come back without a filing fee.
Send it by certified mail with return receipt. The receipt is what proves the demand was made if you do end up in front of a judge.
4. File in small claims if the letter is ignored
Small claims is built for exactly this: no lawyer required, filing fees usually between $30 and $100, and limits that comfortably cover a deposit dispute. Several states also let you recover the filing fee and your attorney's fees if you win.
Most cases never get there. The letter is what settles them - but the letter only works because filing is a credible next step.
Deposit return deadline by state
Every deadline below comes from the state's own statute. The state name opens the playbook for that jurisdiction; the deadline opens the statute page it comes from.
| State | Deadline | If the landlord is wrong |
|---|---|---|
| Alabama | 60 days | Double the deposit (mandatory) + costs |
| Alaska | 14 or 30 days | Up to 2x the amount withheld + costs |
| Arizona | 14 days excluding weekends and legal holidays | Refund + 2x withheld + costs |
| Arkansas | 60 days | Refund + 2x withheld + attorney's fees |
| California | 21 days | Refund + up to 2x deposit + costs |
| Colorado | 30 or 60 days | 3x withheld + attorney's fees |
| Connecticut | 21 days | 2x the full deposit + costs |
| Delaware | 20 days | 2x the amount withheld + costs |
| Florida | 15 or 30 days | Refund + attorney's fees + costs |
| Georgia | 30 days | 3x withheld + attorney's fees |
| Hawaii | 14 days | 3x withheld (wilful) + costs |
| Idaho | 21 or 30 days | Up to 3x damages + costs |
| Illinois | 30 or 45 days | 2x deposit + attorney's fees |
| Indiana | 45 days | Full deposit + attorney's fees |
| Iowa | 30 days | Refund + up to 2 months' rent + costs |
| Kansas | 30 days | Refund + 1.5x withheld + costs |
| Kentucky | no fixed deadline | Full refund (forfeiture) + costs |
| Louisiana | one calendar month | Refund + $300-or-2x withheld + costs |
| Maine | 21 or 30 days | 2x withheld + attorney's fees |
| Maryland | 45 days | Up to 3x withheld + attorney's fees |
| Massachusetts | 30 days | 3x due + 5% interest + attorney's fees |
| Michigan | 30 days | 2x the amount retained + costs |
| Minnesota | 21 days | 2x withheld + up to $500 + costs |
| Mississippi | 45 days | Refund + up to $200 + costs |
| Missouri | 30 days | 2x withheld (total) + costs |
| Montana | 10 or 30 days | Amount withheld + costs |
| Nebraska | 14 days | Refund + ~1 deposit + attorney's fees |
| Nevada | 30 days | Up to 2x the deposit + costs |
| New Hampshire | 30 days | 2x deposit + interest + costs |
| New Jersey | 30 days | 2x withheld (mandatory) + attorney's fees |
| New Mexico | 30 days | Refund + $250 penalty + attorney's fees |
| New York | 14 days | Damages + up to 2x deposit + costs |
| North Carolina | 30 or 60 days | Refund + actual damages + costs |
| North Dakota | 30 days | 3x withheld + costs |
| Ohio | 30 days | 2x withheld + attorney's fees |
| Oklahoma | 45 days | Deposit + prepaid rent + attorney's fees |
| Oregon | 31 days | 2x withheld + attorney's fees |
| Pennsylvania | 30 days | 2x withheld + costs |
| Rhode Island | 20 days | ~2x withheld + attorney's fees |
| South Carolina | 30 days | 3x withheld + attorney's fees |
| South Dakota | 21 days | Refund + up to $200 + costs |
| Tennessee | no fixed deadline | Full deposit (forfeiture) + costs |
| Texas | 30 days | $100 + 3x withheld + attorney's fees |
| Utah | 30 days | Deposit + prepaid rent + $100 + costs |
| Vermont | 14 days | 2x withheld + attorney's fees |
| Virginia | 45 days | Deposit + actual damages + attorney's fees |
| Washington | 30 days | Up to 2x deposit + attorney's fees |
| Washington, D.C. | 45 days | 3x withheld (bad faith) + costs |
| West Virginia | 45 or 60 days | Refund + 1.5x withheld + costs |
| Wisconsin | 21 days | 2x your loss + attorney's fees |
| Wyoming | 30 or 60 days | Full deposit + costs |
Frequently asked questions
How long does a landlord have to return a security deposit?
It depends on the state: 14 days in New York, 21 in California, 30 in Texas, and 15 or 30 in Florida depending on whether the landlord claims deductions. The table on this page lists the deadline for all 50 states and the District of Columbia.
What if my landlord never sent an itemized list?
In most states that is a violation on its own, separate from whether the deductions were fair. Many statutes say a landlord who misses the deadline or skips the itemization forfeits the right to keep any of the deposit, which can turn a disputed claim into a full refund.
Can I sue my landlord for more than the deposit?
Often, yes. Statutory damages of two or three times the withheld amount are common where the landlord acted in bad faith or blew the deadline, and several states add court costs and attorney's fees on top. What you can claim is set by your state statute, not by the lease.
Does normal wear and tear count as damage?
No. Faded paint, worn carpet in walkways, small nail holes and general aging are the cost of doing business as a landlord, not damage. Deductions have to be for harm beyond ordinary use, and in many states for the depreciated value rather than the price of a brand-new replacement.
How long do I have to take action?
Your statute of limitations is typically several years, so a deposit from last year is usually still worth pursuing. Acting sooner is better while you still have photographs, the lease and any messages, but a passed deadline on the landlord side does not expire quickly.
Do I need a lawyer?
For a deposit dispute, usually not. Small claims courts are designed to be used without one, and in many states a landlord cannot bring a lawyer either. A letter that cites the statute correctly is the part that matters most, and it is the part you can do yourself.
Build the letter your state's statute supports
Answer a few questions about your move-out and the charges you were given. You see whether the deadline passed and which deductions overreach, then get a certified-mail-ready demand letter citing the statute by section.
Build your case →