How long does a landlord have to return a security deposit?

Last reviewed: · get-book.com

Most U.S. states give a landlord a fixed number of days after you move out to either return your deposit or send you an itemized statement of what was withheld. The deadline is set by state law, not by your lease, and in many states missing it costs the landlord the right to keep anything.

The deadlines we can state with a citation

Rules vary by state, so the only safe answer is the one for your state. These are the ten states this guide currently covers, with the statute behind each number:

  • California — 21 days. Cal. Civ. Code § 1950.5. A missing itemized statement can forfeit the right to keep any part of the deposit.
  • Texas — 30 days. Tex. Prop. Code § 92.103. If anything is deducted, the itemized list must be mailed to your last known address.
  • New York — 14 days. NY Gen. Oblig. Law § 7-108(1-a)(e). Missing the deadline forfeits the right to retain any part, and deposits are capped at one month’s rent. Since November 15, 2025 the same rules cover rent-stabilized units (S952B, § 7-107).
  • Florida — 15 days if no deduction is claimed, or 30 days to send a certified-mail notice of intent to impose a claim. Fla. Stat. § 83.49(3).
  • Illinois — 30 days to furnish an itemized statement with paid receipts, and 45 days to return the deposit in full if no statement is sent. 765 ILCS 710/1. Since January 1, 2024 the Act covers every residential landlord — the old five-unit threshold was repealed.
  • Pennsylvania — 30 days. 68 P.S. § 250.512. You must give the landlord a written forwarding address, or neither the deadline nor the double-damages remedy applies.
  • New Jersey — 30 days. N.J.S.A. 46:8-21.1. The deposit plus your share of the interest, with any deductions itemized.
  • Washington — 30 days. RCW 59.18.280. Missing it makes the landlord liable for the full deposit and bars any claim to it.
  • Georgia — 30 days from the landlord getting possession back. O.C.G.A. § 44-7-34. Treble damages for wrongful withholding under § 44-7-35, subject to a small-landlord exemption.
  • Massachusetts — 30 days. M.G.L. c. 186 § 15B. Deposits are capped at one month’s rent and must be held in a separate interest-bearing Massachusetts account.

If your state is not listed

The wide pattern across states is a window of roughly 14 to 60 days, but the exact number, the required form of the itemized statement, and the penalty for missing the deadline all differ — sometimes sharply. Treat any number you read without a statute next to it as a hint, not an answer.

This guide ships verified detail for ten states only. We add states one at a time, each with its own citations and review date, rather than publishing a national table that would be wrong somewhere.

What the deadline means for you in practice

The deadline is the trigger for your next step, not the end of the story:

  • Before the deadline, a short written request is usually enough to prompt a response.
  • After the deadline with no itemized statement, the law in several states shifts in your favour — in California and New York the landlord can lose the right to keep any portion, and in Washington the landlord becomes liable for the whole deposit.
  • In some states the clock depends on something you must do: Pennsylvania requires a written forwarding address, and Georgia runs the 30 days from the landlord regaining possession, which usually means the return of your keys.
  • Keep proof of the move-out date, the key handover and your forwarding address: the clock and the mailing duty both run from facts you may have to prove.

Common questions

Does my lease deadline override the state deadline?
A lease can add duties but cannot shorten a statutory deadline that a state sets for returning a deposit. Where the two differ, the statute is the floor.
What if the landlord sent an itemized list late?
In several states, a late or missing itemized statement limits what the landlord may keep. California and New York tie the itemized statement directly to the right to retain any of the deposit, and Washington makes the landlord liable for the full amount.
Do filing fees differ from one county to the next?
Yes. Small claims filing fees are set county by county and usually scale with the amount claimed, so any single figure you read online is an approximation. The court clerk can tell you the exact fee, and every state offers a fee waiver for low-income filers.
Is this legal advice for my situation?
No. This page is general information about how the deadlines work, with sources. It is not tailored to your facts and we are not a law firm — for your own situation, speak to a licensed attorney in your state.

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This page is general information for a general audience and is not legal advice. It is not tailored to your situation and we are not a law firm. Laws change and vary by county — for your own situation, consult a licensed attorney.