Moving in and out
My landlord won't return my security deposit. What can I do?
Updated By the Housing Rocket moderators
Short answer
Send a written demand letter asking for the deposit by a specific date, citing your state's deposit rules and your evidence. If that fails, you can usually file in small claims court, where fees are modest and you don't need a lawyer. Many states award extra damages when a landlord withholds a deposit in bad faith.
- Gather your evidence: the lease, move-in checklist, move-in and move-out photos, payment receipts, and every message about the deposit.
- Look up your state's deposit deadline and penalty rules in its official tenant guide.
- Write a short demand letter with the amount owed, your move-out date, the date you gave your forwarding address, why any deductions are wrong, and a date to pay by, such as 10 or 14 days out. Send it in a way you can prove, like certified mail plus email.
- If the date passes, file in small claims court in the county where the rental is. Bring printed photos and copies of everything.
Many disputes end at the letter, because landlords know the penalties for bad-faith withholding. Keep it factual and polite, since a judge may read it later.
If some deductions are fair, say so and dispute only the rest. A reasonable position is easier for a landlord to accept and looks better in court.
Local tenant unions and legal aid offices often help with deposit disputes for free. Small claims limits and procedures vary by state, so check your court's website before filing.
Want the whole picture? Read Renting Your First Apartment: Applications, Leases and Move-in Costs.