Getting Your Security Deposit Back

To get your full deposit back, return the unit in the condition you received it, apart from normal wear and tear, with no rent owed, and follow your state's move-out steps in order: written notice, a pre-move-out inspection where offered, cleaning and repairs, every key returned, and a written forwarding address. The landlord then has a set time to refund the deposit or itemize deductions: 14 days after you move out in New York, 21 in California, and 30 days in Massachusetts, Pennsylvania, Texas, and Washington. In Massachusetts and Washington, those 30 days run from the end of the tenancy, so moving out early does not start them sooner. When the statement arrives, check every line against your move-in records.

What the landlord can deduct, and what that asks of you

Deposit laws let a landlord keep money mainly for unpaid rent and for damage beyond normal wear and tear, and in states such as California, for cleaning back to move-in level. Your part is to leave nothing in those categories:

• Pay rent through the last day. Do not skip the final month and tell the landlord to keep the deposit instead. In Texas, a tenant who does that is presumed to act in bad faith and can owe three times the rent withheld plus the landlord's attorney fees (Texas Property Code section 92.108).
• Cover damage by you and your guests. California's deposit law counts damage caused by a guest the same as damage you cause.
• Take everything with you. In New York, the landlord can deduct the cost of moving and storing belongings you leave behind.

Step 1: Give the notice your lease and state law require

Give notice in writing, by the deadline and method your lease sets, and keep a copy with proof of delivery. Two state rules change what happens if you skip it:

• Florida: if you move out before your lease ends, or you rent month to month, give at least 7 days' written notice by certified mail or hand delivery, with an address where you can be reached, unless your written lease says otherwise. Skipping it frees the landlord from sending you a written notice of claim, though the deposit is still yours. This is separate from the notice that ends a Florida month-to-month tenancy: 30 days before the end of a monthly rental period.
• Texas: a lease clause that makes advance notice of move-out a condition of your refund counts only if it is underlined or in conspicuous bold print. If your lease has one, missing the notice can cost you the deposit.

If you leave before the lease ends or give short notice, the landlord can apply the deposit to rent you still owe. See our guide to notice to vacate requirements for more on giving notice.

Step 2: Ask for a pre-move-out inspection

• California: after either side gives notice, the landlord must tell you in writing that you can request an initial inspection, held no earlier than 2 weeks before the tenancy or lease ends, with 48 hours' written notice. The landlord gives you an itemized list of the repairs and cleaning it would deduct for, and you have until move-out to take care of them. Except for damage that happens after the inspection or was hidden by your belongings, the landlord cannot later deduct for repairs or cleaning left off that list.
• New York: the landlord must tell you in writing that you can request an inspection, held 1 to 2 weeks before the tenancy ends, with 48 hours' notice, followed by an itemized list you can fix before you leave. The right does not apply if you give less than 2 weeks' notice.
• Elsewhere: ask the landlord in writing for a walk-through and a written list of any problems it finds.

Our guide to move-out inspections explains how to prepare for one.

Step 3: Clean and repair to move-in condition

Use your move-in photos and checklist as the standard. Fix everything the inspection listed, replace anything you broke, and clean to the level the unit was in when you moved in; routine cleaning between tenants is the landlord's cost, as our guide to cleaning deductions explains. Then take dated photos and video of every room after your belongings are out; our guide to documenting your apartment's condition shows how to match them to your move-in set.

Step 4: Return every key and get proof

Hand back every key, fob, and remote on or before your last day, and get a dated receipt or email that lists what you returned. That record shows the date you gave the unit back, which starts the return deadline: 21 days after you vacate in California and 30 days after you surrender (give back) the unit in Texas.

Step 5: Send a written forwarding address

Give the landlord your new mailing address in writing before you leave, in your notice letter and by email:

• Texas: the landlord does not have to refund or itemize until you give a written forwarding address. Forgetting does not forfeit the deposit, but the 30-day duty does not apply until you send it.
• Pennsylvania: if you do not give your new address in writing when you move out, the landlord is relieved of liability under the return law, including its forfeiture and double-damages penalties (68 P.S. section 250.512).
• California: the refund and statement go to the address you provide, or to the unit you left if you provide none. If you paid rent or the deposit electronically, the landlord must return the deposit electronically to an account you name in writing, unless you agree to another method. If more than one adult tenant lives in the unit, the default is a single check payable to all adult tenants on the lease, unless the landlord and all of you agree in writing to another arrangement.
• Florida: a notice of claim goes by certified mail to your last known mailing address, or by email if you both signed a lease addendum agreeing to email notices, and you have 15 days after receiving it to object in writing.

Step 6: Track the deadline and check the itemized statement

Our guides to security deposit return timelines and state security deposit laws explain what happens when a landlord misses the deadline.

When the statement arrives, check it line by line:

1. Category: each deduction should fit a category your state allows, such as those in the first section; New York also allows unpaid utilities owed directly to the landlord.
2. Evidence: compare each charge with your move-in and move-out photos of the same spot.
3. Paperwork: in California, repair and cleaning deductions over $125 need receipts or the landlord's hours and rate, plus before-and-after photos, unless you signed a waiver at or after a notice ending the tenancy, or in a fixed-term lease's last 60 days; either way, you can demand them within 14 days of getting the statement. If the landlord's own repairs could not reasonably be finished within 21 days, or an outside bill had not arrived, the statement can list a good-faith estimate, with final paperwork due within 14 days after the work is done or the bill arrives. Washington requires estimates or invoices for damage charges, and Massachusetts a sworn itemized list with written evidence of cost.
4. Math: add the deductions, subtract them from the deposit plus any interest owed, and confirm the refund matches.
5. Response: dispute any charge in writing, attach your photos, and name the amount you expect and a date to pay it. In Florida, send that objection within 15 days of receiving the notice of claim, or the landlord may deduct the amount. If the landlord still does not pay, you can file in small claims court for the amount owed plus any penalty your state allows.