Getting Your Security Deposit Back
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When you move out, your landlord has specific rules to follow about returning your security deposit. Most of the time it should come back to you, with some possible deductions for things like unpaid rent or damage you caused.
Here is what to expect, and what to do if things go wrong.
When does my landlord have to return my deposit?
Your landlord must return your security deposit within 45 days of when you move out.
If they plan to keep any of it, they must:
- Tell you in writing
- Give you an itemized list explaining exactly what they are deducting.
They must do this within the same 45-day window.
You must make sure your landlord has your new contact information so they can send you the money or the written accounting from the security deposit.
What can my landlord legally deduct?
Your landlord can only deduct for:
- Unpaid rent
- Unpaid late fees or other charges listed in your lease
- Damage to the property beyond normal wear and tear
What is normal wear and tear?
Normal wear and tear means the small amount of damage that naturally happens from just living in a place. This includes small scuffs on walls or carpet that has worn down from regularly walking on it. Your landlord cannot charge you for that.
What if my landlord misses the 45-day deadline?
If your landlord doesn’t let you know about the security deposit within 45 days, you should write them a letter asking them to send you the deposit. Keep a copy of the letter you send them, in case you need to file something in court about it. Send it by certified mail if you can afford to do that.
What can I do if my landlord won't return my deposit?
If your landlord refuses to return your security deposit after 45 days from move-out or if you disagree with deductions they made to the deposit, you can take them to court. You would file what is called a Warrant in Debt in the General District Court of the city or county where your old home is located.
The clerk’s office at the General District Court can give you the form to fill out to file the Warrant in Debt. You should also see if your local legal aid can help you with the process.
Even if you win your case and the court says your landlord owes you the deposit money, it can be difficult to make them pay you. A legal aid lawyer may be able to help you understand your options.