Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Your lease is over, you left the apartment in good condition, and your landlord still hasn't returned your security deposit. Sound familiar? You're not alone — security deposit disputes are one of the most common landlord-tenant conflicts in America.
The good news: every state has laws requiring landlords to return security deposits within a specific timeframe, and most states impose penalties on landlords who don't comply. A demand letter is your first step to getting your money back.
In This Guide
State-by-State Security Deposit Return Deadlines
Every state requires landlords to return security deposits within a set number of days after move-out. If your landlord misses this deadline, they may owe you the full deposit back — regardless of any legitimate deductions they could have made.
| State | Return Deadline | Penalty for Late Return |
|---|---|---|
| California | 21 days | Up to 2x deposit in bad faith |
| New York | 14 days | Full deposit + damages |
| Texas | 30 days | $100 + 3x amount wrongfully withheld |
| Florida | 15-60 days | Full deposit if no notice sent |
| Illinois | 30-45 days | 2x deposit (Chicago: 2x + interest) |
| Pennsylvania | 30 days | 2x deposit |
| Ohio | 30 days | Full deposit + damages |
| Massachusetts | 30 days | 3x deposit |
| Washington | 21 days | Up to 2x deposit |
| New Jersey | 30 days | Full deposit + interest |
What Landlords Can (and Can't) Deduct
Legitimate Deductions
- Unpaid rent: Any rent you still owe
- Damage beyond normal wear and tear: Holes in walls, broken fixtures, stained carpets (from negligence, not age)
- Cleaning costs: Only if the unit was left significantly dirtier than when you moved in
- Unpaid utilities: If your lease required you to pay them
What They CANNOT Deduct
- Normal wear and tear: Faded paint, worn carpet, minor scuffs, loose door handles from normal use
- Pre-existing damage: Anything that was damaged before you moved in
- Repainting for next tenant: Standard repainting between tenants is the landlord's cost (most states)
- Professional cleaning: Unless you left the unit in genuinely bad condition
- Appliance replacement: If appliances wore out from normal use over time
Key distinction: "Wear and tear" is gradual deterioration from normal, everyday use. "Damage" is harm caused by negligence, carelessness, or abuse. A carpet that's worn thin after 5 years is wear and tear. A carpet with bleach stains and cigarette burns is damage.
The Itemized Statement Requirement
Most states require landlords to provide an itemized statement of deductions within the return deadline. If your landlord took deductions but didn't provide an itemized list, they may have forfeited the right to deduct anything — you may be owed the full deposit back.
Penalty Damages: Double and Triple Your Deposit
Many states don't just require landlords to return wrongfully withheld deposits — they impose penalty damages as punishment:
- Massachusetts: 3x the amount wrongfully withheld (one of the strongest tenant protections)
- Texas: $100 + 3x the amount wrongfully withheld + attorney's fees
- Illinois/Chicago: 2x deposit + interest (Chicago tenants have additional protections under RLTO)
- California: Up to 2x deposit if landlord acted in bad faith
- Pennsylvania: 2x the amount wrongfully withheld
This means if your landlord wrongfully withheld your $2,000 deposit in Massachusetts, you could be owed $6,000. Mention the applicable penalty statute in your demand letter — it shows you know your rights and significantly increases the chance of a prompt refund.
Security Deposit Demand Letter Template
[Your Name]
[Your Current Address]
[City, State ZIP]
[Date]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[Landlord Name / Property Management Company]
[Address]
[City, State ZIP]
Re: Demand for Return of Security Deposit — [Rental Address, Unit #]
Dear [Landlord Name]:
I am writing to demand the return of my security deposit in the amount of $[AMOUNT], paid at the beginning of my tenancy at [RENTAL ADDRESS]. My lease terminated on [END DATE], and I vacated the premises on [MOVE-OUT DATE].
Under [STATE] law ([CITE STATUTE — e.g., "California Civil Code § 1950.5"]), you were required to return my security deposit, along with an itemized statement of any deductions, within [NUMBER] days of my move-out. As of this letter, [NUMBER] days have passed and I have not received my deposit or any itemized statement of deductions.
Condition of the Premises
I left the rental unit in clean, good condition, consistent with normal wear and tear for a tenancy of [LENGTH OF TENANCY]. [If applicable: I conducted a move-out walkthrough with [NAME] on [DATE]. / I took photographs of the unit's condition at move-out, copies of which are enclosed.]
[If deductions were made: You provided a statement claiming $[AMOUNT] in deductions for [LIST ITEMS]. I dispute these deductions because [EXPLAIN — e.g., "the carpet stains existed before I moved in, as documented in the move-in inspection report" or "repainting after a 3-year tenancy constitutes normal wear and tear under state law"].]
Demand
I demand the return of my full security deposit of $[AMOUNT] within fourteen (14) days of this letter.
Please be aware that [STATE] law provides for penalty damages of [PENALTY — e.g., "up to three times the amount wrongfully withheld"] when a landlord fails to return a security deposit in compliance with the law. I would prefer to resolve this matter without court involvement, but I am prepared to file suit in small claims court if necessary.
Please send payment to my current address listed above.
Sincerely,
[Your Signature]
[Your Printed Name]
[Phone Number]
[Email Address]
Enclosures:
- Copy of lease agreement
- Move-out photos
- Move-in inspection report (if available)
- Rent payment history
How to Send Your Letter
1. Send Via Certified Mail
Always send your demand letter via USPS Certified Mail with Return Receipt Requested. This costs about $7 and gives you proof that the landlord received your letter — essential if you end up in court.
2. Keep Copies of Everything
- A copy of the signed letter
- The certified mail receipt
- The return receipt (green card) when you get it back
- All photos you took at move-out
- Your lease agreement
- Any move-in inspection report or checklist
3. Also Send by Email
If you have your landlord's email, send a copy there too. This creates an additional paper trail and ensures they see it quickly.
What to Do If They Don't Pay
File in Small Claims Court
Security deposit cases are ideal for small claims court:
- You don't need a lawyer
- Filing fees are typically $30-$75
- Cases are usually heard within 30-60 days
- Judges see these cases constantly and know the law well
- You can often recover penalty damages (2x-3x) plus court costs
Bring to court:
- Your demand letter and proof of delivery
- Your lease agreement
- Move-in and move-out photos
- Any move-in inspection report
- Correspondence with landlord
- Proof of deposit payment (canceled check, bank statement)
What Judges Look For
Judges in security deposit cases focus on:
- Did the landlord meet the deadline? If not, tenant usually wins automatically.
- Did the landlord provide an itemized statement? If not, deductions may be invalid.
- Are deductions for damage or normal wear and tear? Photos are key evidence here.
- Did the landlord act in bad faith? If so, penalty damages apply.
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Start Your Demand LetterKey Takeaways
- Every state has a deadline for landlords to return security deposits (typically 14-30 days)
- Landlords cannot deduct for normal wear and tear — only actual damage beyond normal use
- 36 states impose penalty damages (2x-3x) on landlords who wrongfully withhold deposits
- If your landlord didn't provide an itemized statement, they may owe the full deposit regardless
- Security deposit cases are ideal for small claims court — you don't need a lawyer
- Always send your demand letter via certified mail for proof of delivery
Related Articles
- Demand Letter for Money Owed: How to Get Your Money Back
- Demand Letters and Small Claims Court
- How to Send a Demand Letter: Delivery Methods That Work
- What Happens After You Send a Demand Letter
Free Tools: Try our Damages Calculator, Dispute Diagnostic Quiz, or Statute of Limitations Lookup.