Landlord Won’t Return Security Deposit? Here is What to Do
Moving out is expensive, and you are counting on that security deposit. However, landlords often deduct excessive fees for “cleaning” or “repairs.” The law is strict: they generally have a specific deadline (often 21 to 30 days) to return your money or provide an itemized list of deductions. If they miss it, they may owe you double or triple the original amount. Here is how to fight back.
1. The Rule: The “Strict Strict” Deadline
State laws are very protective of deposits. The clock starts ticking the day you hand over the keys.
1. A written description of the damage.
2. Receipts or invoices proving the cost of repair.
3. The remaining balance check.
If they miss the deadline, they often forfeit the right to deduct anything.
2. What Can They Charge For? (Checklist)
This is the #1 dispute. You are not responsible for the natural aging of the apartment.
| Item | Normal Wear (Owner Pays) | Damage (You Pay) |
|---|---|---|
| Walls | Faded paint, tiny nail holes. | Gaping holes, crayon marks. |
| Carpet | Worn down traffic paths. | Cigarette burns, wine stains. |
| Cleaning | Dusty blinds (if you cleaned). | Excessive trash left behind. |
| Light Bulbs | Old fixtures failing. | Missing or broken bulbs. |
3. Timeline: When Delay Becomes Profit
If your landlord ignores the deadline, the law punishes them. This is your leverage.
| Timeline | Status | Your Entitlement |
|---|---|---|
| Day 0 – 30 (Depends on State) |
Waiting | |
| Day 31+ (Deadline Missed) |
Late | |
| Court Judgment (Bad Faith) |
Penalty |
4. Strategy: The Demand Letter
Do not sue yet. Send a letter. It is cheaper and faster.
- The Format: Use a formal template. State the facts clearly: “I moved out on [Date]. The law requires return by [Date]. You are late.”
- The Threat: Cite your state’s specific code (e.g., “California Civil Code 1950.5”). Mention that you will seek “treble damages” (3x) if forced to go to court.
- The Delivery: Always send it via Certified Mail with Return Receipt. This green card is your golden ticket in court.
5. Warning: The “Paid in Full” Trap
Landlords sometimes send a partial check with a trick attached.
⛔ Don’t Cash It Yet
If the check memo line says “Settlement” or “Paid in Full”:
- The Risk: Cashing it may legally waive your right to sue for the rest of the money (Accord and Satisfaction).
- The Fix: Cross out “Paid in Full” and write “Partial Payment – Under Protest” on the back endorsement line, or return the check entirely if you plan to sue for the full amount.