Your rights
My landlord hasn't returned my security deposit. What can I do?
Key takeaways
- A landlord can keep part of a deposit for things like unpaid rent or damage, but in California, Texas and New York not for normal wear and tear.
- State law sets the deadline to return it or explain the deductions: 21 days in California, 30 in Texas, 14 in New York, 15 or 30 in Florida.
- If a written demand does not work, small claims court is the usual route, and in some states a landlord who acted in bad faith can owe you more than the deposit.
A security deposit is held for you, not handed over for good. When you move out, the landlord must give it back, keeping only what the law allows, such as rent you still owe or the cost of repairing damage beyond normal wear and tear.
Deposit rules are written by each state, so the most a landlord can ask for, the deadline to return it and the penalty for keeping it unfairly depend on where the home is. Below is the general pattern, then a side-by-side comparison of California, Texas, New York and Florida.
What a security deposit can and cannot cover
A deposit protects the landlord against what you still owe when you leave. The details differ by state, but the pattern is similar.
- Unpaid rent. A landlord can generally use the deposit for rent you still owe when you move out.Cal. Civ. Code § 1950.5(b) · N.Y. GOL § 7-108(1-a)(b)
- Damage, but not normal wear and tear. Repairs for damage caused by you, your household or your guests, but not for ordinary wear and tear from normal living.Cal. Civ. Code § 1950.5(e) · Tex. Prop. Code § 92.104(b) · N.Y. GOL § 7-108(1-a)(b)
- Cleaning, only back to move-in condition. In California, cleaning can be charged only to make the unit as clean as it was when you moved in.Cal. Civ. Code § 1950.5(b)(3)
- Not for problems that were already there. A landlord cannot charge you for damage or defects that existed before your tenancy, or that a prior tenant caused.Cal. Civ. Code § 1950.5(e)(2)(A) · N.Y. GOL § 7-108(1-a)(b)
- An itemized list of what was kept. If the landlord keeps any part, it must tell you in writing what it kept and why, within the state's deadline.Cal. Civ. Code § 1950.5(h) · Tex. Prop. Code § 92.104(c) · N.Y. GOL § 7-108(1-a)(e) · Fla. Stat. § 83.49(3)(a)
Deposit rules in California, Texas, New York and Florida
| State | Limit on the deposit | Penalty for bad-faith withholding | Deadline to return it or itemize |
|---|---|---|---|
| California | One month's rent, on top of the first month's rent, for deposits taken since July 1, 2024. A small landlord (a person, or an LLC owned by people, with no more than 2 rental properties and 4 units in total) may take two months, but not from a service member. Cal. Civ. Code § 1950.5(c) | Up to twice the deposit in damages, on top of your actual loss. A landlord who in bad faith skips the itemized statement cannot keep any of it. § 1950.5(m), (h)(7) | 21 days after you move out: an itemized statement and the rest of the deposit. Copies of receipts are required when repairs and cleaning total more than $125. § 1950.5(h) |
| Texas | No cap in the security deposit statute. Tex. Prop. Code ch. 92, subch. C | $100 plus three times the amount wrongfully kept, plus your attorney's fees. Missing the 30-day deadline is presumed to be bad faith. § 92.109 | 30 days after you move out, with a written itemized list of deductions. The landlord does not have to act until you give a forwarding address in writing. §§ 92.103, 92.104, 92.107 |
| New York | One month's rent. N.Y. Gen. Oblig. Law § 7-108(1-a)(a) | Miss the 14 days and the landlord loses the right to keep any of it. A willful violation: up to twice the deposit in punitive damages. § 7-108(1-a)(e), (g) | 14 days after you move out: an itemized statement and the rest of the deposit. § 7-108(1-a)(e) |
| Florida | No cap in the security deposit statute. Fla. Stat. § 83.49 | No written notice within 30 days: the landlord loses the right to claim against the deposit, though it can still sue you separately for damages. The winner in court gets costs and a reasonable attorney's fee. § 83.49(3)(a), (c) | 15 days to return it in full, or 30 days to send written notice of a claim by certified mail (or by email, if you agreed to it). You then have 15 days to object in writing. § 83.49(3) |
Cities and counties can add their own rules, for example requiring interest on deposits, so check your local rules too.
Moving out: how to protect your deposit, step by step
- Ask for an inspection before you leave. In California and New York you can ask the landlord to inspect in the last two weeks before you move out, be there for it, and get a list of what it plans to charge for, so you can fix it first.
- Fix and clean what you can. Repair what the inspection lists and leave the unit as clean as when you moved in.
- Take dated photos and video. Photograph every room, the appliances and any damage on the day you leave, and keep your move-in photos.
- Give your forwarding address in writing. In Texas the landlord does not have to refund the deposit until you do. In Florida, your written notice that you are leaving should include where you can be reached.
- Return the keys and note the date. In California, Texas and New York the deadline counts from the day you move out; in Florida, from the end of the rental agreement. Keep proof of the date.
- Mark the deadline on your calendar. 21 days in California, 30 in Texas, 14 in New York, and 15 or 30 days in Florida.
What your landlord may say, and what you can say
“The carpet and the paint were worn out, so the deposit covers that.”
You can say: “Normal wear and tear can't be taken out of my deposit. Please send me the itemized list of deductions.”
“We had to repaint and clean, it all adds up.”
You can say: “Please send me what each charge was for and what it cost.”
“You'll get it when we get to it.”
You can say: “State law gives you a deadline to return my deposit or itemize deductions. Please send it by that date.”
“We don't have your address.”
You can say: “Here is my forwarding address in writing.”
“The lease says the deposit is nonrefundable.”
In California, you can say: “A lease can't make a security deposit nonrefundable here.”
“Take me to court, then.”
You can say: “I'd rather settle this now, but if we can't, I'll file in small claims court.”
If the deposit doesn't come back: write a demand letter
Start in writing. A short, polite letter often settles it, and it becomes evidence if you go to court. The California courts' self-help guide suggests writing to the landlord first and keeping a copy.
- The address of the rental, the dates you lived there and the day you moved out.
- The amount of your deposit and what you have received back, if anything.
- The rule that applies in your state, such as the deadline to return the deposit or itemize deductions.
- What you want: the full deposit, or the part you believe was wrongly kept, by a clear date.
- That you will file in small claims court if it is not resolved.
- Your forwarding address and how to reach you.
Send it in a way you can prove, such as certified mail, and keep a copy of the letter and the proof of sending.
Small claims court: the usual route
If the letter does not work, the usual next step is small claims court, where people often represent themselves. California law says a deposit case can be brought in small claims court when the amount is within its limit, which is $12,500 for a person. In Texas, small claims cases up to $20,000 are heard in the justice court (justice of the peace).
In California, Texas and New York, the landlord has to prove that what it kept was reasonable. Bring the lease, proof of the deposit you paid (such as a canceled check or receipt), your photos, your letter and anything the landlord sent you.
Security deposit checklist
- Your lease and proof of the deposit you paid.
- Dated photos or video from move-in and move-out.
- The inspection list, if you asked for one before moving out.
- Your forwarding address, given to the landlord in writing.
- The day you moved out, and the day your state's deadline runs out.
- Any itemized statement, receipts or notice of claim from the landlord.
- A copy of your demand letter and proof that you sent it.
Can I handle this on my own, or do I need a lawyer?
Many tenants handle a deposit dispute on their own with a letter and small claims court. Talk to a lawyer or a legal aid office if a lot of money is at stake, the landlord is suing you for more than the deposit, or you think you were treated differently because of your race, disability, children or another protected trait.
Common questions
How long does my landlord have to return my security deposit?
It depends on the state: 21 days after you move out in California, 30 days in Texas and 14 days in New York. In Florida, the landlord has 15 days to return it in full, or 30 days to send written notice of a claim.
Can my landlord keep my deposit for normal wear and tear?
Not in California, Texas or New York. Their laws allow deductions for things like unpaid rent and damage, but not for ordinary wear and tear.
What if my landlord never sends an itemized list?
In New York, missing the 14-day deadline means the landlord forfeits the right to keep any of the deposit. In Texas, a landlord who in bad faith skips the list forfeits the right to withhold any of it, and missing 30 days is presumed bad faith. In Florida, no written notice within 30 days means no claim against the deposit. In California, a landlord who in bad faith skips the statement cannot keep any amount.
Can I use my deposit as my last month's rent?
In Texas, no. A tenant may not withhold the last month's rent because of the deposit, and one who does in bad faith can owe three times the rent withheld plus the landlord's attorney's fees. In other states, check your lease before you assume it.
Can a lease say the deposit is nonrefundable?
Not in California: a lease or rental agreement cannot describe any security deposit as nonrefundable.
Do I have to give my landlord my new address?
Give it in writing. In Texas the landlord does not have to refund the deposit until you do, although you do not lose the deposit just for not giving one. In California, the statement goes to the address you provide, or to the unit you left if you gave none.
Official sources
- California Civil Code § 1950.5: security deposits leginfo.legislature.ca.gov
- California AB 12 (Chapter 733, Statutes of 2023): one-month deposit limit from July 1, 2024 leginfo.legislature.ca.gov
- California Attorney General: Know your rights as a California tenant, security deposits oag.ca.gov
- California Courts: Guide to security deposits in California selfhelp.courts.ca.gov
- California Courts: Cases for $12,500 or less selfhelp.courts.ca.gov
- Texas Property Code, Chapter 92, Subchapter C: security deposits statutes.capitol.texas.gov
- Texas State Law Library: Security deposit refunds sll.texas.gov
- Texas State Law Library: Small claims cases sll.texas.gov
- New York Attorney General: Residential tenants' rights guide ag.ny.gov
- New York Assembly: S.6458 of 2019, Part M § 25, text of General Obligations Law § 7-108(1-a) nyassembly.gov
- Florida Statutes § 83.49 (2026): deposit money or advance rent flsenate.gov
- Florida Department of Agriculture and Consumer Services: Landlord/tenant law in Florida fdacs.gov
- HUD: Report housing discrimination hud.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.