What a landlord can and can't deduct
A landlord can generally keep money for unpaid rent and for damage beyond normal wear and tear, and in some states for cleaning to return the unit to its move-in condition. Normal wear and tear is the ordinary aging of a home: faded paint, light scuffs, worn carpet in walkways, small nail holes. Holes in walls, broken fixtures, pet damage and heavy stains are damage.
Step by step
- Give your forwarding address in writing when you move out. In some states the deadline only starts, or the penalty only applies, once the landlord has it.
- Document the condition: dated photos and video of every room on move-out day, and the move-in checklist if you have one.
- Wait for the deadline in the table below, then check what you received: the full deposit, or a refund with an itemized list of deductions.
- Dispute unfair deductions in writing. Send a demand letter asking for the amount wrongly withheld plus any penalty your state allows, with a 10 to 14 day deadline. How to write a demand letter.
- File in small claims court if they don't pay. Deposit cases are among the most common small claims cases, and judges see them every week.
Deadlines and penalties in every state
The days below are counted from the end of the tenancy or move-out, unless the note says otherwise. Each row links to the law it comes from.
| State | Deadline to return or itemize | If the landlord breaks the rules |
|---|---|---|
| Alabama | 60 days after termination of the tenancy and delivery of possession (refund and/or itemized accounting). | If the landlord fails to refund or account within 60 days, the landlord must pay the tenant double the amount of the tenant's original deposit. No bad-faith showing required. Ala. Code § 35-9A-201 |
| Alaska † | 14 days after the tenancy ends if the tenant gave proper notice under AS 34.03.290; 30 days if the tenant did not give proper notice. Deductions for damages also get the 30-day window. | If the landlord willfully fails to comply with the itemization and return rules, the tenant may recover up to twice the amount wrongfully withheld (court's discretion). Alaska Stat. § 34.03.070 |
| Arizona | 14 days, excluding weekends and legal holidays, after termination of the tenancy, delivery of possession and the tenant's demand. | The tenant recovers the money due plus damages equal to twice the amount wrongfully withheld. Ariz. Rev. Stat. § 33-1321(D)-(E) |
| Arkansas † | 60 days after termination of the tenancy and delivery of possession (refund and/or itemized notice). | The tenant recovers the money due plus twice the amount wrongfully withheld, costs and reasonable attorney fees. The landlord can limit this to the amount withheld plus costs by proving a bona fide error or a good-faith dispute. Ark. Code Ann. §§ 18-16-305, 18-16-306 |
| California | 21 days after the tenant vacates: full refund, or itemized statement plus the remaining balance. If repairs can't be finished in 21 days, a good-faith estimate, then the final statement within 14 days after completion. | For bad-faith retention: actual damages plus statutory damages of up to twice the amount of the deposit (court's discretion). Cal. Civ. Code § 1950.5 |
| Colorado † | 30 days after lease termination or surrender (from Jan 1, 2026); a lease may set a longer period of up to 60 days. A written statement listing the exact reasons for any retention is due within the same period. | Failing to comply forfeits the landlord's right to withhold any part of the deposit. Wrongful (bad-faith) withholding: treble the amount wrongfully withheld plus reasonable attorney fees and costs, but only if the tenant first gave a written demand and 7 days' notice of intent to sue. The landlord bears the burden of proof. Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249) |
| Connecticut | 21 days after the tenancy ends, or 15 days after receiving the tenant's written forwarding address, whichever is later. | A landlord who misses the deadline may have to pay the tenant twice the amount of the security deposit (plus accrued interest). Conn. Gen. Stat. § 47a-21(d) |
| Delaware | 20 days after expiration or termination of the rental agreement (return the deposit and/or an itemized list of damages with repair estimates). | Failing to send the itemized list within 20 days is an acknowledgment that no damages are due. Failing to remit the deposit or balance within 20 days entitles the tenant to double the amount wrongfully withheld. 25 Del. C. § 5514(e)-(h) |
| District of Columbia † | Within 45 days after the tenancy ends: return the deposit with interest, or notify the tenant in writing (personally or by certified mail) of the intent to withhold. If withholding, return the balance with an itemized statement within 30 days after that notice (up to about 75 days total). | The landlord is liable for the amount wrongfully withheld; for bad faith (fraud, deception or unreasonably self-serving refusal), treble damages. Missing a deadline creates a rebuttable presumption that the full deposit is owed. 14 DCMR §§ 308-311 (esp. § 309); D.C. Code § 42-3502.17 |
| Florida | 15 days after the tenant vacates if there is no claim. If the landlord intends to claim, written notice of the claim is due within 30 days after termination (certified mail to last known address, or email under § 83.505). The tenant has 15 days from receipt to object, and the balance is due within 30 days of the notice date. | Missing the 30-day notice forfeits the landlord's right to impose any claim on the deposit (the landlord may still sue separately for damages). The prevailing party recovers court costs and reasonable attorney fees. No multiple damages. Fla. Stat. § 83.49(3) |
| Georgia † | 30 days after the landlord obtains possession (deposit and/or written statement of exact reasons). The move-out inspection damage list is due within 3 business days after the tenant vacates. | Missing the statement or list deadlines forfeits the right to withhold any of the deposit or to sue for damage. Wrongful withholding: three times the sum improperly withheld plus reasonable attorney fees, unless the landlord proves an unintentional bona fide error (then only the amount withheld). O.C.G.A. §§ 44-7-33, 44-7-34, 44-7-35 |
| Hawaii | 14 days after termination of the rental agreement (return the deposit, or written notice of the reasons for retention). | If the landlord misses the 14-day notice, it loses the right to keep any of the deposit. Wrongful and willful retention: the court may award up to three times the amount wrongfully kept plus costs. Wrongful but not willful: the amount wrongfully kept plus costs. Haw. Rev. Stat. § 521-44 |
| Idaho † | 21 days after surrender if the lease sets no time; a lease may set a longer time, but never more than 30 days after surrender. | The tenant sues for the deposit. The Idaho AG manual says the judge 'may award the tenant three times the security deposit, plus court costs and attorney fees', but the statutory basis for treble damages was not verified. Idaho Code § 6-321 (see also §§ 6-316, 6-320, 6-324) |
| Illinois | An itemized statement of damage with paid receipts (or estimates, with receipts within 30 days after) is due within 30 days after the tenant vacates. If no statement is given, the full deposit is due within 45 days after move-out. | If the landlord fails to give the statement in good faith or to return the deposit on time: twice the amount of the deposit due, plus court costs and reasonable attorney fees. 765 ILCS 710/1 (Security Deposit Return Act) |
| Indiana † | 45 days after termination of the rental agreement and delivery of possession (itemized damage notice plus any balance). | Failing to send the itemized notice counts as agreement that no damages are due, and the full deposit must be returned immediately. The tenant recovers the deposit due plus reasonable attorney fees and court costs. No multiple damages. Ind. Code §§ 32-31-3-12 to 32-31-3-16 |
| Iowa | 30 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions (refund or written statement of specific reasons for withholding). | Bad-faith retention: actual damages plus punitive damages of up to twice the monthly rent. Iowa Code § 562A.12(3), (4), (7) |
| Kansas | 14 days after the landlord determines the deductions, but no later than 30 days after termination of the tenancy, delivery of possession and the tenant's demand. | The tenant recovers the portion of the deposit due plus damages equal to 1.5 times the amount wrongfully withheld. Kan. Stat. Ann. § 58-2550(b)-(c) |
| Kentucky † | No fixed statutory number of days for returning the deposit. At termination the landlord must inspect and compile an itemized damage list (tenant may inspect and sign or dissent in writing). If the tenant owes no rent and is due a refund, the landlord must notify the tenant; if no response within 60 days of that notice, the landlord may keep the deposit. If the tenant left owing last month's rent and makes no demand, the landlord may apply the deposit after 30 days. | Landlord forfeits the right to retain any portion of the deposit if it was not held in a separate account or if the move-in and move-out damage lists were not provided. No statutory multiplier found; tenant recovers the deposit owed. KRS 383.580 |
| Louisiana | Within one month after termination of the lease. | If the landlord willfully fails to return the deposit or an itemized statement, the tenant may recover the greater of $300 or twice the amount wrongfully withheld, plus court costs and attorney fees. Failure to remit within 30 days after the tenant's written demand is treated as willful. La. R.S. 9:3251-9:3253 |
| Maine | Written rental agreement: within the time stated in the agreement, not to exceed 30 days. Tenancy at will: within 21 days after termination or surrender and acceptance, whichever is later. | Landlord who misses the deadline forfeits the right to withhold any portion. Wrongful retention: double the amount wrongfully withheld plus reasonable attorney fees and court costs; landlord bears the burden of proving the withholding was not wrongful. 14 M.R.S. §§ 6033, 6034 |
| Maryland | Within 45 days after the end of the tenancy for both the deposit return and the written itemized list of damages (sent by first-class mail). | If the landlord, without a reasonable basis, fails to return any part of the deposit: up to 3 times the withheld amount plus reasonable attorney fees. Missing the 45-day list deadline forfeits the right to withhold for damages. Md. Code, Real Prop. § 8-203 |
| Massachusetts | Within 30 days after termination of the tenancy. | Three times the deposit plus interest, court costs and reasonable attorney fees for violations such as failing to return the deposit within 30 days or deducting without a proper sworn itemized statement; no bad faith required. M.G.L. c. 186, § 15B; 940 CMR 3.17(4) |
| Michigan † | Within 30 days after termination of occupancy the landlord must mail an itemized list of damages (with the balance); tenant then has 7 days to respond in writing. Landlord must sue within 45 days after termination to keep any disputed amount. | Failure to send the itemized list in 30 days means the full deposit must be returned. If the landlord fails to comply (including not suing within 45 days), the tenant may recover double the amount of the deposit retained. MCL 554.609, 554.610, 554.611, 554.613 |
| Minnesota | Within 3 weeks (21 days) after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions; within 5 days if the tenant leaves due to legal condemnation. | Landlord who fails to return the deposit or give a written statement on time is liable for an amount equal to the portion withheld (on top of the deposit and interest, i.e., effectively double). Bad-faith retention: additional punitive damages up to $500 per deposit. Minn. Stat. § 504B.178 |
| Mississippi † | Within 45 days after termination of the tenancy, delivery of possession and the tenant's demand for the deposit. | Bad-faith retention: actual damages plus up to $200. No statutory multiplier or attorney-fee award found. Miss. Code Ann. § 89-8-21 |
| Missouri † | Within 30 days after termination of the tenancy. | Up to twice the amount wrongfully withheld. Mo. Rev. Stat. § 535.300 |
| Montana | 30 days after termination or surrender and acceptance (whichever is earlier) if deductions are made; 10 days if there is no damage, no cleaning needed and no unpaid rent/utilities. | Failure to provide the list forfeits the right to deduct; tenant may sue to recover the amount wrongfully withheld, and the court may award attorney fees to the prevailing party. No multiplier. Mont. Code Ann. §§ 70-25-202, 70-25-203, 70-25-204 |
| Nebraska | Within 14 days after the termination of the tenancy. | Court costs and reasonable attorney fees for noncompliance; if willful and not in good faith, also liquidated damages equal to the lesser of one month's periodic rent or twice the deposit. Neb. Rev. Stat. § 76-1416 |
| Nevada | No later than 30 days after the termination of the tenancy. | If not returned within 30 days: the entire deposit plus an additional sum fixed by the court of up to the full deposit amount (up to about 2x); court considers the landlord's good faith, course of conduct and harm to the tenant. NRS 118A.242 |
| New Hampshire | Within 30 days after termination of the tenancy (subject to an exception in RSA 540-A:6, IV(c)). | Twice the amount of the deposit plus any interest due, less payments made and lawful charges for damages, unpaid rent or tax share. Not liable if the failure results from the tenant not providing a new address. RSA 540-A:7, 540-A:8 |
| New Jersey | Within 30 days after the lease ends; within 5 business days after the tenant's request if displaced by fire, flood, condemnation or evacuation; 15 business days for domestic-violence lease termination. | Double the amount wrongfully withheld, plus full court costs and, at the court's discretion, reasonable attorney fees. N.J.S.A. 46:8-21.1 |
| New Mexico † | Within 30 days after the later of lease termination or the tenant's departure. | Missing the deadline forfeits the right to withhold any part of the deposit, plus court costs and reasonable attorney fees; bad-faith retention adds a $250 civil penalty. NMSA 1978 § 47-8-18 |
| New York | Within 14 days after the tenant vacates: itemized statement of deductions and return of any remaining deposit. | Missing the 14-day itemized statement forfeits any right to keep any portion of the deposit; willful violation: punitive damages up to twice the deposit. N.Y. Gen. Oblig. Law § 7-108(1-a) |
| North Carolina | Within 30 days after termination and the landlord's receipt of possession; if the claim cannot be finalized, an interim accounting within 30 days and a final accounting within 60 days. | Tenant may sue for an accounting and the balance owed plus damages; willful noncompliance voids the landlord's right to retain any part of the deposit, and the court may award attorney fees. N.C. Gen. Stat. §§ 42-52, 42-55 |
| North Dakota | 30 days after the lease terminates and the tenant delivers possession (refund plus written notice of amounts withheld). | Treble damages (3x) for any deposit money withheld without reasonable justification; the statute does not require willfulness, only lack of reasonable justification. N.D. Cent. Code § 47-16-07.1 |
| Ohio | 30 days after termination of the rental agreement and delivery of possession (refund and itemized notice). | Deposit wrongfully withheld + damages equal to the amount wrongfully withheld (effectively double) + reasonable attorney fees; no bad-faith requirement. Ohio Rev. Code § 5321.16 |
| Oklahoma † | 45 days after the later of termination of tenancy, delivery of possession, and the tenant's written demand for the deposit. | Tenant may recover the deposit (and any prepaid rent) plus other damages available under the Act; no statutory multiplier or fixed penalty in § 115. Okla. Stat. tit. 41, § 115 |
| Oregon | 31 days after the tenancy terminates and the tenant delivers possession (refund and written accounting). | Twice the amount withheld without a written accounting, or withheld in bad faith (ORS 90.300(16)); courts may not reduce the statutory award. Or. Rev. Stat. § 90.300 |
| Pennsylvania | 30 days after termination of the lease or surrender and acceptance of the premises, whichever is earlier (refund and written list of damages). | Landlord who fails to send the written list within 30 days forfeits the right to withhold any part of the deposit; failure to pay the difference within 30 days makes the landlord liable for double the amount by which the deposit exceeds actual damages. 68 P.S. § 250.512 (Landlord and Tenant Act of 1951, § 512) |
| Rhode Island | 20 days after the latest of termination of tenancy, delivery of possession, or the tenant providing a forwarding address. | Amount due + damages equal to twice the amount wrongfully withheld + reasonable attorney fees; no bad-faith requirement. R.I. Gen. Laws § 34-18-19 |
| South Carolina | 30 days after termination of tenancy and delivery of possession and demand by the tenant, whichever is later. | Three times the amount wrongfully withheld + reasonable attorney fees; statute does not require willfulness. S.C. Code Ann. § 27-40-410 |
| South Dakota | 21 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions (return deposit or written statement of reasons for withholding); itemized accounting within 45 days after termination if the tenant requests it. | Landlord who fails to comply forfeits all rights to withhold any part of the deposit; bad-faith retention or bad-faith failure to provide the statement/accounting allows punitive damages up to $200. S.D. Codified Laws § 43-32-24 (as amended by SL 2026, ch. 179) |
| Tennessee † | No fixed number of days in the statute; if a refund is due, the landlord must send notice of the refund amount to the tenant's last known address, and if the tenant does not respond within 60 days of that notice the landlord may keep it. | No statutory multiplier; tenant may sue for the deposit/actual damages. Landlord forfeits the right to retain any part of the deposit if it was not kept in the required separate account and no damage list was provided. Tenn. Code Ann. § 66-28-301 (URLTA); applicability § 66-28-102 |
| Texas | 30 days after the tenant surrenders the premises (refund and written itemized list of deductions). | Bad faith retention: $100 + 3x the portion wrongfully withheld + reasonable attorney fees; bad-faith failure to itemize forfeits the right to withhold and makes landlord liable for attorney fees. Landlord is presumed to act in bad faith if it misses the 30-day deadline. Tex. Prop. Code §§ 92.103, 92.104, 92.107, 92.109 |
| Utah | 30 days after the renter vacates and returns possession (balance of deposit, prepaid rent and itemized notice of deductions); if the owner misses it, the renter may serve a 'Tenant's Notice to Provide Deposit Disposition' and the owner then has 5 business days to comply. | Full unreturned deposit/prepaid rent + $100 civil penalty; court costs and attorney fees to the prevailing party only on a finding of bad faith. Utah Code §§ 57-17-3, 57-17-5 |
| Vermont | 14 days after the landlord discovers the tenant vacated/abandoned (or from the stated vacate date if the tenant gave notice); 60 days for seasonal non-primary-residence rentals. | Missing the deadline forfeits the right to withhold any part of the deposit; if the failure is willful, double the amount wrongfully withheld + reasonable attorney fees and costs. 9 V.S.A. § 4461 |
| Virginia | 45 days after the later of the termination date of the tenancy or the date the tenant vacates (refund and written itemized list of deductions). | If the landlord willfully fails to comply, the court orders return of the deposit plus actual damages and reasonable attorney fees (willfulness required). Va. Code Ann. § 55.1-1226 |
| Washington | 30 days after termination of the rental agreement and vacation of the premises (or after the landlord learns of abandonment): full and specific statement of reasons plus any refund. | Landlord who misses the deadline or fails to give the documented statement owes the full deposit and loses claims/defenses to retain it; for intentional refusal, court may award up to 2x the deposit; prevailing party gets costs and reasonable attorney fees. Rev. Code Wash. § 59.18.280 |
| West Virginia | The shorter of 60 days after termination of the tenancy or 45 days after a new tenant occupies the unit; if damage exceeds the deposit and needs a third-party contractor, landlord gives notice in that period and has 15 more days to itemize. | If noncompliance is willful or not in good faith: unreturned deposit + damages equal to 1.5x the amount wrongfully withheld (W. Va. Code § 37-6A-5). W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 |
| Wisconsin | 21 days after the tenancy ends (termination date if tenant leaves on time; if tenant leaves early, the earlier of lease end or start of a new tenancy; if tenant leaves late, when landlord learns tenant left). | Twice the tenant's pecuniary loss + costs + reasonable attorney fees under Wis. Stat. § 100.20(5) for violations of ATCP 134.06; no bad-faith requirement. Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06; Wis. Stat. § 100.20(5) |
| Wyoming † | 30 days after termination of the rental agreement or 15 days after the landlord receives the tenant's new mailing address, whichever is later; extended by 30 more days if there is damage to the unit. | If the landlord unreasonably fails to comply, tenant recovers the full deposit + court costs (no multiplier, no attorney fees in statute). Wyo. Stat. § 1-21-1208 |
† For these states the official website could not be reached when we checked, so the rule was verified against a reliable published copy of the statute. Confirm the current text with your court or the state's official code before you rely on it.
Some cities have stricter rules than their state, including interest on deposits and shorter deadlines. If you rent in a large city, check its housing department too.
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