Getting your security deposit back when you move out

Your security depositsecurity depositA security deposit is money you pay the landlord when you start renting as security that you will follow the lease: pay the rent and take care of the home. The money still belongs to you. The landlord holds it and, when you move out, must return it minus the charges the law allows, such as past-due rent or damage beyond normal wear and tear. You should not be charged for damage that was already there when you moved in. The maximum amount and the deadline to return it depend on your state's law and sometimes your city's.See the full definitionClose is your money. Many families lose part or all of it not because of major damage but because of missing proof: no photos, no written notice, no receipt for the keys. This guide is a plan for the weeks of your move, from the day you decide to leave until the money is in your hands. Our guide Security deposits explains how much can be charged and the rules in some states.³

The longest the owner has to refund the deposit or send the list of deductions in HUD-assisted multifamily housing

30 days²

After written notice: before that, charges cannot be collected in public housing

2 weeks¹

The most a public housing deposit can be, or a reasonable fixed amount

1 month's rent¹

A month ahead: read your lease and give notice

Before getting outside help in any dispute, USAGov recommends reading your lease carefully and following the rules you agreed to.³ For the move, look in your leaseleaseA lease, or rental agreement, is the contract in which the owner or landlord gives you the right to live in and use a property for a set period of time in exchange for payment, usually rent. While the lease lasts you have possession, but the landlord still owns the property. The lease says how much you pay and when, who handles maintenance and how the agreement can end. Your rights as a tenant are usually spelled out in the lease and in your state and local laws. Before complaining to the landlord, it helps to read the lease and make sure you are also following the rules you agreed to.See the full definitionClose for:

• Notice. How many days ahead you must say you are leaving and how (by letter, email or a form). If you have a month-to-month leasemonth-to-month tenancyA month-to-month tenancy is a rental arrangement with no end date: it continues month after month as long as you pay the rent, until you or the landlord give notice to end it. It can be in writing, but it can also start without a contract, for example if you stay after your lease ends and the landlord accepts your payment. To end it, you must give the notice your state's law requires. In New York, for example, the notice alone does not let the landlord remove you: if you do not leave, the landlord has to go to court.See the full definitionClose, notice counts too.
• Conditions for returning the deposit. For example, professional carpet cleaning or returning the keys to the office.
• The list of charges. In public housing, the lease must say how repair charges are determined, for example with a posted schedule.¹ Ask for that list.

Give your notice in writing and keep a dated copy. If you are leaving before the lease ends, read Breaking a lease early first.

Also find what you have from move-in: the photos, video or move-in inspectionmove-in inspectionA move-in inspection is the walk-through of the home done before you move in to record in writing the condition of the unit and the equipment that comes with it. In public housing, the federal rule requires the agency and the tenant to inspect it together and sign a statement of its condition. Another inspection is done when you move out. The difference between the condition at move-in and at move-out is the basis for any charge against your deposit, if the damage goes beyond normal wear and tear. That record helps keep you from being charged for damage that was already there.See the full definitionClose form. In public housing, HUD’s rule requires the authority and you to inspect the unit before you move in and sign a statement of its condition.¹ Ask for a copy if you do not have one: it is what will be compared when you leave.

Normal wear and tear or damage: what can be charged

The key question is whether something is normal wear and tear or damage. Normal wear and tear is what happens with everyday use. Damage is what happens through abuse or negligence.

HUD’s rules put it this way:

• In public housing, the lease provides for charges for maintenance and repair beyond normal wear and tear.¹
• In HUD-assisted multifamily housing, the owner lists damages on the move-out form and compares it with the move-in form to decide whether it is reasonable wear and tear or excessive damage from abuse or negligence.²

In private housing, your state’s law decides what can be deducted; many follow the same idea. With that in mind, make an honest list of what you damaged and fix it before you leave, if you can and your lease allows: a hole in the wall, a broken door, a stain that will not come out. What is simple use, like slightly worn paint, document with photos.

What shows up at the move-out inspection

Everyday use

Usually normal wear and tear

• Paint slightly worn over the years
• Carpet with normal foot traffic
• Small marks from hanging pictures, depending on your lease
• Old appliances that stopped working on their own

Abuse or negligence

Usually damage

• Large holes in the walls
• Stains or burns in the carpet
• Broken doors, windows or screens
• Trash or belongings left in the unit

These examples are a guide only: your lease and your state's rules decide each case.

The last two weeks: move-out inspection, cleaning and photos

Ask to be at the move-out inspection. It is your chance to see what the landlord plans to charge and talk about it on the spot:

• In public housing, HUD’s rule says the authority inspects the unit when you leave, gives you a statement of charges, and that you have the right to take part in that inspection unless you leave without notice.¹
• In HUD-assisted multifamily housing, you should get prior notice of the inspection and may accompany the owner. HUD says ideally you go, to discuss any differences and decide who pays for what.²
• In private housing, the rules change from state to state. Ask for the inspection in writing and ask whether you can be present. The tenant rights by state tool summarizes your state’s rules.

Clean and repair. Leave the home as you received it, minus normal wear and tear. Take out all your belongings and the trash. Check the stove, refrigerator, bathrooms and closets.

Take dated photos and video of every room, the walls, floors, inside the appliances and the bathrooms. Note meter readings too if the utilities are in your name. Compare with your move-in photos and save everything in two places, such as your phone and your email.

The day you leave: keys, receipt and new address

• Return all keys (and remotes, cards or parking stickers) and ask for a dated receipt. If you drop them in a box, take a photo and send a written message saying so.
• Leave your new address in writing. In HUD-assisted multifamily housing, to receive the deposit you must give an address or arrange to pick it up.² In private housing, leaving it in writing avoids delays and excuses.
• Change or cancel utilities in your name as of the move-out date.

From notice to refund

1. 1. Read your lease

   A month ahead

   Look for the notice it requires, the move-out conditions and the list of charges.³

2. 2. Give notice in writing

   With the time your lease requires

   Keep a dated copy.³

3. 3. Ask to be at the move-out inspection

   Two weeks ahead

   In HUD housing you have the right to take part or accompany the owner.²

4. 4. Clean, repair and take photos

   The last few days

   Dated photos and video of every room, to compare with your move-in.¹

5. 5. Return keys and leave your address

   The day you leave

   Ask for a receipt and leave your new address in writing.²

6. 6. Count the days

   After you leave

   Check your state's deadline; in HUD housing it is 30 days or less.²

   Try it with your numbersTenant rights by state

After you leave: the deadline and the list of deductions

The deadline for the landlord to return your deposit, or send the itemized list of what was deducted, is set by your state. This table shows what the state laws we have on record say:

Deadline to return the deposit, by state

State	Time to return the deposit
Alabama	60 calendar days
Arizona	14 business days
Arkansas	60 days
California	21 days
Colorado	1 day
Florida	15 days
Georgia	30 days
Hawaii	14 days
Idaho	21 days
Illinois	45 days
Indiana	45 days
Iowa	30 days
Kansas	30 days
Louisiana	1 day
Maryland	45 days
Massachusetts	30 days
Michigan	30 days
Minnesota	21 days
Mississippi	45 days
Missouri	30 days
Nebraska	14 days
Nevada	30 days
New Hampshire	30 days
New Jersey	30 days
New York	14 days
North Carolina	30 days
North Dakota	30 days
Ohio	30 days
Oklahoma	45 days
Oregon	31 days
Pennsylvania	30 days
Rhode Island	20 days
South Carolina	30 days
South Dakota	21 days
Texas	30 days
Utah	30 days
Vermont	14 days
Virginia	45 days
Washington	30 days
Wisconsin	21 days
Wyoming	30 days

Tap your state to see the full rule, its citation and what the law requires in the list of deductions. Source: each state's laws

In HUD-assisted multifamily housing, within 30 days after move-out (or less, if your state or city law requires), the owner must refund your full deposit with interest, or give you an itemized list of unpaid rent, damages and estimated repair costs, with a statement of your rights. If the owner does not give you that list, you are entitled to the full deposit with interest.²

In public housing, repair charges cannot be collected until two weeks after the authority gives you written notice, and that notice counts as a notice of adverse action.¹ If you disagree, ask the authority how to request a meeting or hearing.

Example with real numbers

A family moving out of an apartment

An example in words, not a real case, of how the proof gets used.

Before leaving

They give notice in writing and ask to be at the move-out inspection

On moving day

They take photos and video of every room and return the keys with a receipt

The list they get

They are charged to repaint the whole apartment

Their response

A letter with their photos: the paint only shows normal wear from the years they lived there

The result

They have proof to negotiate, complain to their state or file in court

The difference between normal wear and tear and damage comes from HUD's rules.¹² Use your state's tool to see the deadline.

Run it with your numbersTenant rights by state

If it does not arrive: the letter asking for your deposit

If the deadline has passed and neither the money nor the list arrived, or if you disagree with the deductions, the first step is a letter. You do not need a special form. Include:

1. Your name and the address of the home you left.
2. The date you moved out and returned the keys.
3. Your new address.
4. The amount of the deposit you paid.
5. What you are asking for: the full refund, or a written explanation of each deduction with receipts.
6. A reasonable date to respond.
7. Copies, not originals, of your photos, your notice and the key receipt.

Send it in a way that leaves proof, such as certified mail or an email you can keep, and keep a copy. Write calmly and stick to facts: the letter may end up in front of a judge.

If there is no response: USAGov recommends finding your state agency that handles tenant rights, such as the attorney general or the housing agency. If HUD insures or manages your building, you can also report the landlord to HUD’s Multifamily Housing Complaint Line.³ To recover the money, many people use their county’s small claims courtsmall claims courtSmall claims court is a state court for money cases that stay under a limit each state sets. The rules are simpler than in other courts, and many people represent themselves. In California, for example, you cannot bring a lawyer to the hearing, although you can ask one for advice beforehand. The judge's decision carries the same weight as a judgment from any other court. But if you win, it is usually up to you to collect the money: the court does not collect it for you.See the full definitionClose. Asking for your deposit is your right; our guide Landlord retaliation explains what to do if the landlord responds with threats.

If this is you

You rent privately

Check your state's deadline in the tenant rights tool and leave your address in writing.³

You live in public housing

You have the right to take part in the move-out inspection, unless you leave without notice.¹

You live in a HUD-assisted building

The owner has 30 days, or less if your state requires, to refund the deposit or give you the list.²

You have to leave in a hurry

Still give written notice and take photos; leaving without notice can cost you the inspection in public housing.¹

You prefer to write in Spanish

You can write your letter in Spanish; keep a copy and ask free legal aid for help if you need it translated.⁴

Mistakes that cost you

• Mistake: Saying you are leaving only out loud.

  Instead: Give written notice, in the form and time your lease requires, and keep a copy.³

• Mistake: Skipping the move-out inspection.

  Instead: In HUD housing you can take part or accompany the owner; it is your chance to discuss each charge.²

• Mistake: Leaving without taking photos.

  Instead: Take dated photos and video of every room and compare them with your move-in.¹

• Mistake: Leaving the keys without a receipt.

  Instead: Ask for a dated receipt or leave written proof of the return.

• Mistake: Not leaving your new address.

  Instead: In HUD housing it is needed to receive the deposit; leave it in writing.²

• Mistake: Accepting a charge for normal wear and tear.

  Instead: Charges are for damage beyond normal wear and tear; ask for each one to be explained.¹

Free help

You do not have to do it alone. The LSC funds civil legal aidlegal aidLegal aid is the free civil legal help that nonprofit organizations and their lawyers provide to low-income people in civil, not criminal, matters. In housing, that includes representing families facing eviction or foreclosure, alongside matters such as custody, child support, protection from domestic violence and access to benefits. In the United States, the Legal Services Corporation, created by Congress, funds a nationwide network of these organizations; its finder points you to the one in your area. Each sets its own income limits.See the full definitionClose for low-income people; its website finds the nearest organization, and LawHelp.org has free information and forms.⁴ Our guide Free legal aid explains how to ask for it. A HUD-approved housing counselorHUD-approved housing counselorA HUD-approved housing counselor works at an agency HUD has approved to provide housing counseling: independent, expert advice customized to your situation about buying a home, renting, a missed mortgage payment, a foreclosure or credit problems. The agencies usually charge little or nothing; many serve in Spanish and offer the homebuyer education course several assistance programs require. They are not lenders or real estate agents and sell you nothing. Your county page lists the official agencies with phone numbers.See the full definitionClose also advises on renting, often for free or at low cost.⁵ And if you are moving to another state, our Moving to another state checklist helps with the rest.

What to do this week

1. Find your lease and your move-in photos or inspection form.¹
2. Check your lease for the notice it requires and the conditions for returning the deposit.³
3. Look up your state’s deadline in the tenant rights tool.³
4. Write your move-out notice and ask in writing to be at the move-out inspection.²
5. Make a list of what you need to clean or repair before you leave.¹