What can a landlord deduct from a security deposit?
Last reviewed: · get-book.com
A security deposit is your money held as security, not a fund the landlord may spend at the end of the tenancy. Deductions are limited to specific categories, and in most states the landlord has to itemize them and back them up with receipts.
The categories that are normally allowed
Across the ten states this guide covers, the same categories recur. Everything a landlord keeps should fall into one of them, and should be documented:
- Unpaid rent — rent actually owed for time you occupied the unit, or amounts the lease made you responsible for and you did not pay.
- Damage beyond ordinary wear and tear — repair or replacement for harm caused by misuse, neglect or an unauthorised change, not for the unit simply ageing.
- Cleaning that restores the unit to its move-in condition, excluding ordinary wear and tear — and in some states only if the lease required a particular standard of cleanliness.
- Other lease defaults that cost the landlord money — for example removing fixtures, unpaid utilities the lease assigned to you, or a documented early-termination charge.
Deductions must be itemized — and sometimes receipted
The itemization duty is where many claims turn. Illinois requires an itemized statement with paid receipts within 30 days, and a full refund within 45 days if no statement is sent (765 ILCS 710/1). Florida requires a certified-mail notice of intent to impose a claim within 30 days if anything is withheld (Fla. Stat. § 83.49(3)). California and New York tie the itemized statement to the landlord’s right to keep any part of the deposit at all (Cal. Civ. Code § 1950.5; NY Gen. Oblig. Law § 7-108).
If a deduction arrives as a single unexplained figure, the useful next step is to ask for the underlying invoice: what was done, by whom, and at what cost.
What a landlord may not keep
- Ordinary wear and tear — excluded by the deposit statutes themselves, however the charge is worded.
- Improvements the landlord chose to make between tenants, such as new flooring or paint for the landlord’s own benefit.
- Amounts never itemized in writing, in the states where itemization is a precondition to keeping the deposit.
- A blanket “cleaning fee” written into the lease, where your state treats a non-refundable fee of that kind as unenforceable — a few states bar them, so check yours.
Common questions
- Can a landlord charge me for repainting?
- Usually only where the wall damage goes beyond ordinary wear and tear, or where the lease set a defined repainting term you agreed to. Repainting simply because the unit is being re-let is the landlord’s cost.
- The landlord says the whole deposit is gone. What should I ask for?
- Ask for the itemized statement and the invoices behind it. In states that require a receipted statement, a missing statement or missing receipts can limit what may be retained.
- Does the deposit cover breaking a lease?
- A documented early-termination charge can be a lawful deduction where the lease provides for one and the landlord actually lost rent. It is not automatic, and it has to be itemized like any other deduction.
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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.