What we verified in “Security deposits: how much and how to get yours back”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. Under the Texas Property Code, a security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling.

   Sources 7 · Tex. Prop. Code §92.102, Security deposit: 'any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling' · Checked October 17, 2026

2. The California Attorney General explains that security deposits are refundable: a deposit belongs to the tenant, the landlord may hold it until the tenant moves out and, by law, it must be returned at move-out minus allowed expenses; it also asks tenants to check city or county rules, which may add protections (for example, some cities make landlords pay interest on deposits).

   Sources 2 · Consumer Alert, Know Your Rights as a California Tenant (Security Deposits): 'Security deposits are refundable'; 'A security deposit belongs to the tenant, but the landlord is allowed to hold on to it until the tenant moves out'; 'security deposits must be returned when the tenant moves out, minus allowed expenses'; 'Check local city or county rules, which may have more tenant protections or landlord requirements'; 'some cities make landlords pay interest on security deposits' · Checked October 17, 2026

3. The California Attorney General says a security deposit, which some landlords call a 'pet deposit', 'move-in fee', 'cleaning fee', 'damage deposit' or another term, is money a landlord can hold during a tenancy; that for most residential rentals landlords may charge a deposit of up to one month's rent; and that within 21 days of move-out the landlord must return the deposit, minus lawful deductions, with an itemized statement.

   Sources 3 · Landlord-Tenant Issues, Security Deposits section: 'pet deposit'; 'move-in fee'; 'cleaning fee'; 'damage deposit'; 'or other term, is money that a landlord can hold during a tenancy'; 'For most residential rental properties, landlords may only charge a security deposit of up to one month's rent'; 'Within 21 days of the tenant moving out, the landlord must return the security deposit, except for amounts deducted for these lawful purposes, and provide an itemized statement' · Checked October 17, 2026

4. California Civil Code §1950.5 treats as security any payment, fee, deposit or charge imposed at the beginning of the tenancy, whatever it is called; a landlord may not demand or receive security above one month's rent, in addition to the first month's rent; the exception allows up to two months' rent when the landlord is a natural person (or an LLC whose members are all natural persons) owning no more than two rental properties with no more than four units in total, but it does not apply if the tenant is a service member; and the cap does not apply to security collected or demanded before July 1, 2024.

   Sources 1 · Cal. Civ. Code §1950.5(b) and (c): 'means any payment, fee, deposit, or charge'; 'that is imposed at the beginning of the tenancy'; 'a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month's rent, in addition to any rent for the first month paid on or before initial occupancy'; 'in an amount or value in excess of an amount equal to two months'; 'The landlord is a natural person or a limited liability company in which all members are natural persons'; 'The landlord owns no more than two residential rental properties that collectively include no more than four dwelling units offered for rent'; 'Subparagraph (A) shall not apply if the prospective tenant is a service member'; 'This subdivision shall not apply to a security collected or demanded by the landlord before July 1, 2024' · Checked October 17, 2026

5. According to the California Attorney General, until July 1, 2024 the limit was two times the monthly rent (three times for furnished units); after July 1, 2024 it is one month's rent, and for landlords who own no more than two rental properties with no more than four units in total it is two times the monthly rent, but only if the landlord is a natural person or an LLC whose members are all natural persons.

   Sources 2 · Consumer Alert, Know Your Rights as a California Tenant (Security Deposits): 'Until July 1, 2024, the limit is two times the monthly rent (or, for furnished units, three times the rent)'; 'After July 1, 2024, the limit is one month's rent'; 'For landlords who own no more than two residential rental properties that collectively include no more than four total units for rent, the limit is two times the monthly rent, but only if the landlord is a natural person or a limited liability company in which all members are natural persons' · Checked October 17, 2026

6. New York General Obligations Law §7-108, which covers units that are not rent stabilized, says no deposit or advance may exceed one month's rent (with exceptions for seasonal units and cooperatives); the landlord may keep only reasonable, itemized costs for unpaid rent, damage caused by the tenant beyond normal wear and tear, unpaid utility charges payable directly to the landlord, and moving and storing the tenant's belongings, and never for ordinary wear and tear or damage caused by a prior tenant; within fourteen days after the tenant moves out the landlord must give an itemized statement and return the rest, or forfeit any right to keep any portion; in a dispute the landlord bears the burden of proving the amount kept is reasonable; and a willful violator may owe punitive damages of up to twice the deposit.

   Sources 5 · N.Y. Gen. Oblig. Law §7-108, 'Deposits made by tenants of non-rent stabilized dwelling units', subd. 1-a: 'No deposit or advance shall exceed the amount of one month's rent'; 'reasonable and itemized costs due to non-payment of rent, damage caused by the tenant beyond normal wear and tear, non-payment of utility charges payable directly to the landlord'; 'and moving and storage of the tenant's belongings'; 'The landlord may not retain any amount of the deposit for costs relating to ordinary wear and tear of occupancy or damage caused by a prior tenant'; 'Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement'; 'the landlord shall forfeit any right to retain any portion of the deposit'; 'the landlord shall bear the burden of proof as to the reasonableness of the amount retained'; 'punitive damages of up to twice the amount of the deposit or advance' · Checked October 17, 2026

7. Under the same New York law, after the lease is signed and before move-in the landlord must offer to inspect the unit with the tenant; if the tenant asks, both sign a written agreement before move-in on the unit's condition noting existing defects or damage, and at move-out the landlord may not keep any of the deposit for anything noted there; when either side gives notice to end the tenancy (unless the tenant gives less than two weeks' notice), the landlord must tell the tenant in writing of the right to request a pre-move-out inspection and to be present; if requested, it happens between two weeks and one week before the end, with at least 48 hours' written notice, and the tenant then gets an itemized list of proposed deductions and a chance to fix them before leaving.

   Sources 5 · N.Y. Gen. Oblig. Law §7-108(1-a)(c) and (d): 'the landlord shall offer the tenant the opportunity to inspect the premises with the landlord or the landlord's agent to determine the condition of the property'; 'specifically noting any existing defects or damages'; 'the landlord may not retain any amount of the deposit or advance due to any condition, defect, or damage noted in such agreement'; 'unless the tenant terminates the tenancy with less than two weeks'; 'the tenant's right to request an inspection before vacating the premises and of the tenant's right to be present at the inspection'; 'no earlier than two weeks and no later than one week before the end of the tenancy'; 'at least forty-eight hours written notice'; 'The tenant shall have the opportunity to cure any such condition before the end of the tenancy' · Checked October 17, 2026

8. The New York Attorney General's tenants' rights guide says a deposit is limited to no more than one month's rent, which means a landlord cannot ask for last month's rent and a security deposit; that in units that are not rent stabilized or rent controlled the landlord must return the deposit within 14 days of move-out; and that its office may be able to help tenants get a deposit back through its rent security complaint form.

   Sources 6 · Residential Tenants Rights Guide, 'Rent Security Deposits' section: 'it is limited to no more than one month's rent'; 'The one-month limit means that a landlord cannot ask for last month's rent and a security deposit'; 'the landlord must return the security deposit within 14 days of the tenant moving out'; 'Our office may be able to help you get back your rent security deposit'; 'file a rent security complaint form' · Checked October 17, 2026

9. The Texas Property Code (§92.103, §92.104 and §92.107) says the landlord must refund the deposit on or before the 30th day after the tenant surrenders the premises; a lease requirement to give advance notice of move-out as a condition of the refund is effective only if it is underlined or in conspicuous bold print; the landlord may deduct damages and charges the tenant is legally liable for under the lease but may not keep any portion for normal wear and tear; a landlord who keeps any part must give the balance with a written description and itemized list of all deductions; and the landlord need not refund or send that description until the tenant gives a written forwarding address, though the tenant does not lose the right to the refund merely by not giving one. No section of the security deposit subchapter (§92.101 to §92.109) sets a maximum amount.

   Sources 7 · Tex. Prop. Code ch. 92, subch. C: §92.103(a) 'the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises'; §92.103(b) 'effective only if the requirement is underlined or is printed in conspicuous bold print in the lease'; §92.104 'damages and charges for which the tenant is legally liable under the lease'; 'The landlord may not retain any portion of a security deposit to cover normal wear and tear'; 'written description and itemized list of all deductions'; §92.107 'until the tenant gives the landlord a written statement of the tenant's forwarding address'; 'The tenant does not forfeit the right to a refund of the security deposit' · Checked October 17, 2026

10. Under Texas Property Code §92.109, a landlord who in bad faith keeps a deposit in violation of the law owes $100, plus three times the portion wrongfully withheld, plus the tenant's reasonable attorney's fees; one who in bad faith fails to provide the written description and itemized list forfeits the right to keep any portion of the deposit; in the tenant's suit the landlord must prove that keeping any portion was reasonable; and a landlord who neither refunds nor itemizes by the 30th day after surrender is presumed to have acted in bad faith.

    Sources 7 · Tex. Prop. Code §92.109, Liability of landlord: 'the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees'; 'forfeits the right to withhold any portion of the security deposit'; 'the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable'; 'is presumed to have acted in bad faith' · Checked October 17, 2026

11. Under Texas Property Code §92.108, a tenant may not withhold any portion of the last month's rent on the grounds that the deposit is security for unpaid rent; a tenant who does is presumed to have acted in bad faith, and one who does so in bad faith owes the landlord three times the rent withheld plus the landlord's reasonable attorney's fees.

    Sources 7 · Tex. Prop. Code §92.108: 'The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent'; 'A tenant who violates this section is presumed to have acted in bad faith'; 'three times the rent wrongfully withheld' · Checked October 17, 2026

12. The Texas Attorney General explains that most landlords require a security deposit; that you must give the landlord a forwarding address to receive it; that a landlord who keeps part of it must give you an itemized list of deductions describing the damage; that the landlord may not charge for normal wear and tear and may only charge for actual abnormal damage (carpet that simply wore out because you and your guests walked on it for a year is wear and tear; carpet mildewed by a leaking water bed can be charged); that many leases require a 30-day notice as a condition of returning the deposit; and that if you gave your new address in writing and have no deposit or explanation within 30 days, you should contact the landlord, and you can also file a complaint with that office.

    Sources 8 · Renters Rights, 'Recovering Your Deposit' section: 'Most landlords require you to pay a security deposit'; 'you must give the landlord a forwarding address in order to receive your returned security deposit'; 'they must give you an itemized list of deductions with a description of the damages'; 'The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage'; 'if the carpet simply becomes more worn because you and your guests walked on it for a year, the landlord may not charge you for a new carpet'; 'If your water bed leaks and the carpet becomes mildewed as a result, you may be charged'; 'Many leases require a 30-day notice as a condition of returning your deposit'; 'you do not receive your deposit or an explanation within 30 days of your departure, contact the landlord'; 'You can also file a complaint with this office' · Checked October 17, 2026

13. Florida Statutes §83.49 says that when the lease ends, a landlord who does not intend to claim any of the deposit must return it (with interest, if required) within 15 days; a landlord who intends to claim part of it must, within 30 days, send written notice by certified mail to the tenant's last known mailing address, or by e-mail as the law allows, stating the amount and reason; a landlord who misses that deadline forfeits the right to impose a claim on the deposit; the tenant has 15 days from receiving the notice to object in writing, and without an objection the landlord deducts the claim and must send the balance within 30 days of the notice date; failing to object does not waive the tenant's right to seek damages in a separate action; and the required disclosure given at signing says that when you move out you must give the landlord your new address. The section governs how the deposit is held and returned and does not set a maximum amount.

    Sources 9 · Fla. Stat. §83.49(2)(d) and (3)(a)-(b): 'must return the security deposit, together with interest if otherwise required, within 15 days after the termination of the rental agreement'; 'within 30 days after the termination of the rental agreement, provide the tenant written notice by certified mail to the tenant's last known mailing address or by e-mail'; 'forfeits the right to impose a claim upon the security deposit'; 'you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice'; 'shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages'; 'does not waive any rights of the tenant to seek damages in a separate action'; 'WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS' · Checked October 17, 2026

14. The same Florida section says that if either party sues to decide who is entitled to the deposit, the prevailing party receives court costs plus a reasonable attorney's fee; the required disclosure explains that those costs and fees are generally payable by the losing party, and advises trying to resolve the dispute informally before filing a lawsuit.

    Sources 9 · Fla. Stat. §83.49(3)(c) and (2)(d): 'the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney'; 'WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY'; 'YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT' · Checked October 17, 2026

15. The Florida Department of Agriculture and Consumer Services (FDACS) says a landlord has the discretion to collect various deposits and some rent in advance; it recommends examining the unit before signing, noting any damaged items, taking a date-stamped picture if possible, giving a copy to the landlord and keeping one; and it explains that if you object to the landlord's claim on the deposit, you may file a complaint with FDACS or go to court.

    Sources 10 · Landlord/Tenant Law in Florida, Deposit and Rent Requirements section: 'A landlord has the discretion to collect various deposits, as well as some rent in advance'; 'Before signing a rental agreement, examine the premises and make note of any damaged items'; 'take a picture and include a date stamp'; 'Give a copy to the landlord and keep a copy for your files'; 'you may file a complaint with the Florida Department of Agriculture and Consumer Services (FDACS) or institute an action in court' · Checked October 17, 2026

16. FDACS also says a landlord may not evict a tenant solely in retaliation for complaining to a government agency about code violations or for asserting other tenant rights.

    Sources 10 · Landlord/Tenant Law in Florida, 'Failure to Meet Obligations' section: 'A landlord MAY NOT evict you solely in retaliation for the tenant complaining to a governmental agency about code violations or asserting other tenant rights' · Checked October 17, 2026

17. California Civil Code §1950.5 says the deposit may be used only for unpaid rent; repairing damage caused by the tenant or a guest, excluding ordinary wear and tear; cleaning the unit to the level of cleanliness it had at the start of the tenancy; and, if the lease allows it, restoring or replacing the landlord's personal property; the landlord may not claim for damage or defects that existed before the tenancy or for ordinary wear and tear; and a lease may not call any deposit 'nonrefundable'.

    Sources 1 · Cal. Civ. Code §1950.5(b), (e)(2)(A) and (n): 'The compensation of a landlord for a tenant's default in the payment of rent'; 'The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant'; 'the same level of cleanliness it was in at the inception of the tenancy'; 'if the security deposit is authorized to be applied thereto by the rental agreement'; 'for damages to the premises or any defective conditions that preexisted the tenancy, for ordinary wear and tear or the effects thereof'; 'A lease or rental agreement shall not contain a provision characterizing any security as' · Checked October 17, 2026

18. Under California Civil Code §1950.5(g) and (h), for tenancies beginning on or after July 1, 2025 the landlord must photograph the unit immediately before or at the start of the tenancy; beginning April 1, 2025 the landlord must also photograph it after you return possession, before any repairs or cleaning to be deducted, and again after that work is done; and a landlord who deducts for repairs or cleaning must give you those photographs with the statement.

    Sources 1 · Cal. Civ. Code §1950.5(g) and (h)(2)(D): 'For tenancies that begin on or after July 1, 2025, the landlord shall take photographs of the unit immediately before, or at the inception of, the tenancy'; 'Beginning April 1, 2025, the landlord shall take photographs of the unit within a reasonable time after the possession of the unit is returned to the landlord'; 'shall also take photographs of the unit within a reasonable time after such repairs or cleanings are completed'; 'the landlord shall provide photographs taken pursuant to subdivision (g)' · Checked October 17, 2026

19. Under California Civil Code §1950.5(f) and (h), once either side gives notice to end the tenancy, the landlord must tell you in writing that you may request an initial inspection and be present; it happens no earlier than two weeks before the tenancy ends, and you get an itemized list of proposed repairs or cleaning; no later than 21 calendar days after you move out, the landlord must give you an itemized statement and return the rest; the statement must come with copies of bills or receipts (or, for work the landlord did, a description with the time spent and hourly rate), unless repair and cleaning deductions total $125 or less; and you can still ask for that documentation within 14 calendar days of receiving the statement.

    Sources 1 · Cal. Civ. Code §1950.5(f) and (h): 'the landlord shall notify the tenant in writing of the tenant's option to request an initial inspection and of the tenant's right to be present at the inspection'; 'no earlier than two weeks before the termination or the end of lease date'; 'an itemized statement specifying repairs or cleanings that are proposed to be the basis of any deductions'; 'No later than 21 calendar days after the tenant has vacated the premises'; 'shall return any remaining portion of the security to the tenant'; 'copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises'; 'The itemized statement shall include the time spent and the reasonable hourly rate charged'; 'The deductions for repairs and cleaning together do not exceed one hundred twenty-five dollars ($125)'; 'when a tenant makes a request for documentation within 14 calendar days after receiving the itemized statement' · Checked October 17, 2026

20. Under California Civil Code §1950.5(m), (o) and (p), bad-faith retention can lead to statutory damages of up to twice the deposit in addition to actual damages, and the landlord bears the burden of proving the amounts claimed are reasonable; the case may be brought in small claims court if the amount is within that court's limit; and you can prove that you paid a deposit, and how much, with any credible evidence, such as a canceled check, a receipt or a lease stating the deposit and its amount.

    Sources 1 · Cal. Civ. Code §1950.5(m), (o) and (p): 'statutory damages of up to twice the amount of the security, in addition to actual damages'; 'shall have the burden of proof as to the reasonableness of the amounts claimed'; 'An action under this section may be maintained in small claims court'; 'within the jurisdictional amount allowed'; 'a canceled check, a receipt, a lease indicating the requirement of a deposit as well as the amount' · Checked October 17, 2026

21. The California courts' self-help guide says that if the landlord does not return the entire deposit within 21 days or you disagree with the deductions, you can write the landlord a letter asking for it back and keep a copy; and if you cannot agree, you can sue in small claims court (or civil court).

    Sources 4 · Guide to security deposits in California: 'If the landlord doesn't return the entire security deposit within 21 days or the tenant doesn't agree with the deductions'; 'write a letter asking the landlord to return the security deposit'; 'The tenant should keep a copy of the letter for their records'; 'Sue in small claims court (or civil court)' · Checked October 17, 2026

22. USAGov advises reading your lease carefully before getting outside help and making sure you are following the rules you agreed to; then finding help from your state agency that addresses tenant rights, where, depending on the state, you may find links to the attorney general or housing agency and a state tenant rights handbook; and it explains how to find legal aid for a housing complaint.

    Sources 11 · How to file a complaint against a landlord: 'Before getting outside help, read your lease carefully'; 'Make sure you are following the rental rules you agreed to'; 'Find help from your state agency that addresses tenant rights'; 'you may find links to your attorney general or housing agency, your state tenant rights handbook, and more'; 'Find legal aid for a housing complaint' · Checked October 17, 2026

23. The Legal Services Corporation (LSC), established by Congress, funds civil legal aid for low-income Americans; on its site you enter an address or city to find a legal aid organization near you, and LawHelp.org offers legal information and free legal forms.

    Sources 12 · I Need Legal Help: 'established by Congress in 1974 to provide financial support for civil legal aid to low-income Americans'; 'enter an address or city below to find an LSC-funded legal aid organization near you'; 'find free legal forms' · Checked October 17, 2026

24. According to the CFPB, housing counselors throughout the country provide advice on buying a home, renting, defaults and credit issues, and the agencies on its list are HUD-approved and offer independent advice, often at little or no cost.

    Sources 13 · Find a Housing Counselor: 'Housing counselors throughout the country can provide advice on buying a home, renting, defaults, forbearances, foreclosures, and credit issues'; 'often at little or no cost to you' · Checked October 17, 2026

25. The New York Attorney General explains that all landlords, regardless of the number of units, must treat deposits as trust funds belonging to their tenants and may not co-mingle them with their own money; landlords of buildings with six or more apartments must put them in a New York bank account earning interest and tell each tenant in writing the bank's name and address and the amount of the deposit; the landlord may keep 1% of the deposit a year for administrative expenses and the rest of the interest belongs to the tenant; and if the rent goes up, the landlord may collect more to bring the deposit up to the new monthly rent.

    Sources 6 · Residential Tenants Rights Guide, 'Rent Security Deposits' section: 'must treat the deposits as trust funds belonging to their tenants and they may not co-mingle deposits with their own money'; 'Landlords of buildings with six or more apartments must put all security deposits in a New York bank account earning interest at the prevailing rate'; 'Each tenant must be informed in writing of the bank’s name and address and the amount of the deposit'; 'annual administrative expenses of 1% of the deposit'; 'All other interest earned on the deposits belongs to the tenant'; 'to bring the security deposit up to the new monthly rent' · Checked October 17, 2026

26. Florida Statutes §83.49 say the landlord must hold the deposit in a separate account in a Florida financial institution, either non-interest-bearing or interest-bearing for the tenant, without commingling it with the landlord's own money, or else post a surety bond; and a landlord who rents five or more units must give you, in the lease or within 30 days after receiving the deposit, written notice of the name and address of the depository holding it (or that a surety bond was posted) and whether you are entitled to interest.

    Sources 9 · Fla. Stat. §83.49(1)(a)–(c) and (2): 'Hold the total amount of such money in a separate non-interest-bearing account in a Florida financial institution for the benefit of the tenant or tenants'; 'The landlord shall not commingle such moneys with any other funds of the landlord'; 'Hold the total amount of such money in a separate interest-bearing account'; 'Post a surety bond'; 'in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant'; 'This subsection does not apply to any landlord who rents fewer than five individual dwelling units'; 'State the name and address of the depository where the advance rent or security deposit is being held'; 'State whether the tenant is entitled to interest on the deposit' · Checked October 17, 2026

27. According to the CFPB, when you apply to rent a home, many landlords use a tenant screening report to decide whether to rent to you and how much to charge for your security deposit.

    Sources 14 · What is a tenant screening report? (modified July 1, 2021): 'many landlords use a tenant screening report to help decide whether to rent to you and how much to charge for your security deposit' · Checked October 17, 2026

28. According to the CFPB, under federal law, if a landlord rejects you, requires a co-signer, or asks for a larger deposit or higher rent than other applicants because of information in a tenant screening report, the landlord must give you an adverse action notice with the name, address and phone number of the company that provided the report and your right to a free copy if you request it within 60 days.

    Sources 15 · What should I do if my rental application is denied because of a tenant screening report? (modified October 30, 2025): 'Requiring a larger deposit or a higher rent payment than other applicants'; 'Requiring a co-signer on the rental agreement or lease'; 'Provide the name, address, and phone number of the company that provided the report'; 'Explain your right to a free copy of the report, if you request it within 60 days of the adverse action' · Checked October 17, 2026

29. The CFPB explains that emergency rental assistance is not just for back rent: some local programs help people seeking a new home cover moving costs, a security deposit and application fees; many of those programs have closed or stopped accepting applications, but some money may still be available.

    Sources 16 · What to do if you’re facing eviction (modified December 12, 2024): 'Apply for help to cover the cost of moving, a security deposit, and application fees'; 'Emergency rental assistance isn’t just for back rent'; 'Find out if your local rental assistance program is offering help to people seeking a new home'; 'Many of these programs have now closed or stopped accepting applications, but some money may still be available' · Checked October 17, 2026