Landlord keeping your deposit?
You have legal options. Here's exactly what to do.
Check your state's deadline
Every state has a legal deadline for landlords to return deposits (usually 14-60 days). If your landlord missed this deadline, they may owe you penalties.
Calculate your deadlineSend a formal demand letter
A written demand letter citing your state's law puts your landlord on notice. Many landlords pay up immediately when they receive one.
Generate free demand letterFile in small claims court
If your landlord ignores your demand letter, small claims court is your next step. Filing fees are typically $30-75, and you don't need a lawyer.
Small claims guideGet your free action plan
We'll email you step-by-step instructions for your state, plus templates and deadline reminders.
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Common Reasons Landlords Withhold Deposits
"Cleaning fees"
Landlords can only charge for cleaning beyond normal wear and tear. Light dust and minor marks don't count.
"Damage claims"
Normal wear and tear (scuffed floors, faded paint, small nail holes) cannot be deducted. Only actual damage beyond normal use.
"Unpaid rent"
Legitimate if you owe rent, but landlord must provide itemized statement. Verify the math.
"No reason given"
Most states require an itemized statement. Failing to provide one may forfeit their right to any deductions.
"They just haven't responded"
If they've missed the deadline, they may owe you the deposit PLUS penalties under state law.
You May Be Entitled to Penalties
Many states penalize landlords who wrongfully withhold deposits:
- • California: Up to 2x deposit as penalty
- • New York: Up to 2x deposit
- • Texas: $100 + 3x deductions wrongfully withheld
- • Florida: Forfeits right to make any claim
- • Many states: Also award attorney fees
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