Your security deposit is your money. Every state has rules about how long a landlord has to return it and what the landlord can keep. If your landlord keeps it without a good reason, you can demand it in writing and, if needed, sue in small claims court without a lawyer.
Step 1: Protect yourself at move-out
- Take dated photos and video of every room after you clean.
- Return all keys and keep proof of the date.
- Give your landlord your forwarding address in writing.
Step 2: Know your landlord's deadline
Most states give landlords a set number of days after move-out to return the deposit or send an itemized list of deductions. The deadline often starts when you move out or give your forwarding address. Look up your state's security deposit law and write the date down.
Step 3: Review every deduction
Landlords can usually deduct unpaid rent and the cost to repair damage beyond normal wear and tear. Faded paint, minor scuffs, and ordinary carpet wear are usually normal wear and tear. Compare each charge to your photos and your move-in checklist, and ask for receipts.
Step 4: Send a demand letter
Write a calm, specific letter that states the amount you are owed, why the deductions are wrong, and a firm deadline to pay, such as 10 to 14 days. Mention that you will file in small claims court if you are not paid. Some states allow tenants to recover extra damages when a landlord wrongfully keeps a deposit. Only mention penalties your state actually allows.
Step 5: File in small claims court
If the landlord does not pay, file a claim in small claims court. Bring your lease, photos, letters, and proof of the deposit to the hearing. In many states, the landlord must prove the deductions were proper. If you win and the landlord still does not pay, the court has tools to help you collect.
Common questions
What counts as normal wear and tear?
It is the ordinary aging of a home from everyday living, such as faded paint, minor scuffs, or worn carpet. Damage from accidents or neglect is different.
Can I sue for more than the deposit?
Some states allow extra damages or interest when a landlord wrongfully keeps a deposit. Check your state's law and stay under the small claims limit.
Do I need a lawyer for small claims court?
No. Small claims court is designed for people without lawyers, and some states do not allow lawyers in small claims hearings at all.
Updated 2026-11-05. This guide provides general legal information, not legal advice. Laws and court rules differ by state, so confirm your court's requirements.