What if your landlord does not give an itemized list of deductions?

Last reviewed: · get-book.com

An itemized statement of deductions is not a courtesy — in several states it is the document that decides whether a landlord may keep any of your deposit at all. Where it is missing or late, the consequence is often set by statute.

Why the itemized statement matters so much

A deposit is your money. To keep part of it the landlord generally has to explain what was withheld and, in some states, attach the receipts. The statement is the evidence that the withholding was justified; without it, the right to retain can fail entirely:

  • California — the landlord must return the deposit or provide an itemized statement within 21 days; a missing itemized statement can forfeit the right to keep any part. Cal. Civ. Code § 1950.5.
  • New York — the deposit or an itemized statement is due within 14 days, and a failure forfeits the right to retain any part. NY Gen. Oblig. Law § 7-108.
  • Illinois — 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 — if anything is withheld, a certified-mail notice of intent to impose a claim within 30 days; after that the claim is barred. Fla. Stat. § 83.49(3).
  • Washington — a statement is required within 30 days, and missing it makes the landlord liable for the full deposit. RCW 59.18.280.

What to do when the statement never arrives

  • Write once, in writing, asking for the itemized statement and the invoices behind it, and keep a copy.
  • 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.
  • Note the date the deadline expired; a late statement can matter as much as a missing one.
  • Ask the court clerk about the small-claims process for your county if writing gets no answer.

Common questions

The landlord sent a list but no receipts. Does that count?
In states that require a receipted statement — Illinois is one — a bare list may not satisfy the duty. The strength of a bare list varies by state, so check what yours requires.
There was no statement at all. Is the deposit automatically mine?
Not automatically, but in several states a missing statement limits or removes the right to retain any part. The exact effect, and whether you must still file, depends on your state.
Is this legal advice?
No. This page is general information with sources, not advice for your situation.

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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.