When you move out of a rental, your security deposit still belongs to you. Landlords are only allowed to keep part of it if you caused real damage or still owe rent. Normal wear and tear, like scuffed baseboards or carpet that’s older, isn’t considered damage. And if anything is taken out of your security deposit, your landlord should explain exactly what for. That means a written, itemized list of charges with actual costs attached.

Most states give landlords a strict deadline. It’s usually around 2 - 4 weeks to return your deposit or send an itemized statement (a detailed breakdown of charges showing the item, service, or transaction with its quantity, unit price, and total cost). If your landlord doesn’t get back to you in time, then you may be able to sue in small claims court, and a judge can force the landlord to give your deposit back. In some states, your landlord might even have to pay a penalty for holding onto your deposit too long*. 

You have the right to challenge anything that doesn’t look right. If a charge seems unreasonable or you weren’t given receipts, ask for clarification in writing. Be sure to take your own photos and videos during move out so you have proof of the unit’s condition. Those images can shut down bogus claims quickly. You’re also allowed to request a move out inspection in many states, which gives you a chance to fix small issues yourself instead of paying inflated repair costs later.*

And if your landlord still refuses to return your money, you can take action. Small claims court is for everyday people, and you typically don’t need a lawyer to file. Judges handle deposit disputes often and expect landlords to follow the laws. When they don’t, tenants may be favored. The bottom line is simple: you have rights, even if your landlord hopes you don’t know them. Understanding those rights and standing up for them can make the difference between losing money and getting every dollar you’re owed. 

TinyGavel helps you challenge a landlord who wrongfully kept your money and get back what you're owed.

* Many U.S. states penalize landlords for mishandling security deposits (e.g., holding them too long, failing to communicate) by requiring them to pay double or triple the deposit, plus fees/interest, such as Ohio (double penalty) and California (up to 3x + fees).

* While most states permit tenants to request a move-out inspection, laws differ. States like California, Florida, Washington, Oregon, and New York, with strong tenant protections, often require landlords to offer or allow pre-move-out inspections, particularly for security deposit returns. Key rules: CA (pre-move-out inspection right), FL and OR (itemized damage lists), WA (30-day notice window), and NY (detailed deposit rules). Always consult state-specific landlord-tenant laws.

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