Most states hold landlords to strict guidelines as to when and how to return security deposits. Landlords who violate these laws can be held to stiff penalties.
Wear and Tear
The general rule is that you are not responsible for normal wear and tear. For example, if the dishwasher must be replaced because it has simply worn out, that's the landlord's responsibility.
If you or your guest cause damage by your unreasonable carelessness or deliberate misuse, however, you must pay for it. The cost of replacing the dining room carpet because your fish tank sprang a leak will properly come out of the deposit. You must leave a rental at least as clean as it was when you moved in.
Because "normal wear and tear" can be interpreted many different ways, disputes often arise. The bottom line is that the better you itemize and document the condition of your unit when you move in, the better case you'll have against a landlord who tries to gouge you on the way out.
Deadlines
Landlords are typically required to return security deposits within 14 to 30 days after you move out.
The landlord must send, to your last known address, either:
- Your entire deposit (plus interest, in some states and in some cities), or
- A written, itemized statement describing how the deposit was applied to back rent, cleaning, or repairs, plus the remainder of the deposit.
Small Claims Court
If your landlord fails to return your deposit when and how required, you can sue the landlord in small claims court. If the landlord has intentionally and flagrantly violated the law, in some states, you can recover two or three times the amount of the deposit, plus attorneys' fees and other damages.
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