How to Get Security Deposit Back (50-State Guide)

How long a landlord has to return a security deposit after a tenant moves out varies by state. Below is a chart with deadlines in all 50 states and Washington, D.C., for when a landlord has to return a security deposit.

We have also included the state law referencing security deposit deadlines so that you can fully understand your rights. 

We have comprehensive guides on security deposits for:

• Arizona,

• California,

• Florida,

• New York, and

• Texas.

In the chart above, we have included the laws that discuss security deposit deadlines for each state. The security deposit laws will also include information about: 

• What can be legally deducted from your security deposit.

• Your landlord will face penalties if they don’t follow the procedure for returning your security deposit. For example, in California, a landlord will have to pay 2x the amount of your security deposit if they keep your deposit in bad faith. 

• Whether your landlord had to provide an itemized statement and receipts to you regarding any deductions they made to your security deposit. 

• How much your landlord could charge for a security deposit. 

• Whether you had a right to a pre-move-out inspection.

If you move out of a rental unit and your landlord refuses to return your security deposit (in part or in full), you can take action against your landlord to recover your security deposit. 

1. Send a Demand Letter

If your landlord is not complying with your state’s security deposit laws and refuses to return your security deposit, consider sending them a security deposit demand letter. 

In a security deposit demand letter, you mainly request that your landlord return your security deposit. Typically, this letter is written after your landlord has not paid you back within your state’s required time period. The security deposit demand letter should also notify your landlord that you intend to sue if they do not return your security deposit within the deadline you provide. 

We also have template security deposit demand letters for California, New York, and Texas.

2. File a Complaint 

You may also file a complaint against a landlord or apartment complex for failing to return your security deposit. Some states have consumer protection agencies that handle complaints against landlords who refuse to return a tenant’s security deposit. For example, in Florida, you may file a complaint against a landlord with the Florida Department of Agriculture and Consumer Services (FDACS). 

In other states, you may be able to file a complaint against your landlord for failure to return your security deposit with the Attorney General’s Office. For example, in New York, the Attorney General investigates rent security deposit complaints. 

3. Sue in Small Claims Court  

If filing a complaint and sending a demand letter don’t work, it may be time to consider suing your landlord for the security deposit in small claims court. Small claims courts handle various disputes, including disputes between tenants and landlords over security deposits. You just need to make sure your claim falls within the small claims limit for the court you are suing in and that the deadline to bring your claim hasn’t passed. 

Small claims courts were also designed to be the “People’s Court,” so they are usually more affordable, convenient, and user-friendly than regular courts. For example, you can sue a landlord in California small claims for up to $12,500 if they refuse to return your security deposit or make improper deductions to your security deposit. 

Here are some examples of common security deposit small claims lawsuits filed against landlords:  

Make sure you win for the total amount you are suing for by not making these 5 mistakes during your small claims hearing.