ReclaimDepositGetting your security deposit back shouldn't feel like a battle — but for many renters, it does. Landlords miss deadlines, send vague itemizations, charge for normal wear and tear, or simply don't respond. The good news: tenant-friendly laws in most states give you real leverage if you know how to use them.
This guide walks you through the complete process, from move-out to small claims court. Most disputes come down to three things: deadlines, documentation, and deductions. Master those, and you'll have a strong case.
Quick reference: State deadlines and penalties
Before diving in, know your state's rules. Deadlines and penalties vary significantly:
- Arizona: 14 business days after tenant demands return. Penalty: 2× amount wrongfully withheld.
- California: 21 calendar days. Penalty: forfeit all deductions if missed; up to 2× deposit for bad faith.
- Colorado: 30 days (up to 60 if in lease). Penalty: 3× wrongfully withheld + attorney fees.
- Florida: 15 days (no claim) or 30 days (with claim, by certified mail). Penalty: forfeit all claims.
- New York: 14 days. Penalty: forfeit all deductions if no itemization provided.
- Texas: 30 days after tenant provides written forwarding address. Penalty: $100 + 3× wrongfully withheld.
- Washington: 30 days. Penalty: full deposit + up to 2× for intentional refusal.
Use the deadline calculator for your exact date, and check your state's law page for the full rules.
Step 1: Confirm the deadline
The most common "easy win" is a missed deadline. In many states, if the landlord doesn't return your deposit or provide an itemized statement on time, they lose the right to keep some or all deductions — regardless of actual damages.
What triggers the deadline varies by state:
- Move-out date: Most states start counting when you vacate and return keys.
- Forwarding address: Texas requires you to provide a written forwarding address before the 30-day clock starts.
- Written demand: Arizona uniquely requires the tenant to demand the deposit back — the 14-day period doesn't begin until you ask.
Don't assume the deadline passed. Calculate it precisely using your move-out date, when you provided your forwarding address, and any state-specific triggers. Courts take deadline arguments seriously — get the math right.
Step 2: Send your forwarding address (if you haven't)
Even if your state doesn't require it, sending a written forwarding address creates a paper trail. In Texas, it's essential — the landlord has no obligation to return your deposit until you provide one in writing.
Template: Forwarding address letter
Tip: Send via email (for speed and proof) and follow up with a physical letter if you want extra documentation. Keep copies of everything.
Step 3: Demand the itemization
If your landlord claims deductions, most states require a written itemization — a list of what they're deducting and why. Missing receipts, vague descriptions, and flat "cleaning fees" are common red flags.
A proper itemization should include:
- Each deduction listed separately (no lump sums)
- Description of the work (what, where, why)
- Dates and amounts
- Receipts or invoices (required in some states for amounts over $125)
- Depreciation or remaining useful life where applicable
If you didn't receive an itemization, or it's incomplete, send a written request: Request for itemized statement.
Step 4: Audit every deduction
This is where most deposits are recovered. Landlords often charge for things they legally can't, or charge amounts that aren't supported. Go line by line:
Normal wear and tear
Every state prohibits charging for normal wear and tear. This includes: minor scuffs on walls, worn carpet in traffic areas, faded paint after years of tenancy, small nail holes from pictures, minor marks around door handles and light switches, and gradual wear on appliances.
Compare examples in Wear vs. Damage.
Depreciation
Landlords cannot charge full replacement cost for old items. If carpet has a 10-year useful life and you lived there 7 years, the carpet is 70% depreciated — you'd owe at most 30% of replacement cost. Common useful life estimates:
- Carpet: 5-10 years (varies by quality)
- Interior paint: 3-5 years
- Appliances: 10-15 years
- Blinds/window coverings: 5-7 years
Missing proof
In many states (including California for deductions over $125 and Washington for all repairs), landlords must provide receipts, invoices, or documentation. If they can't prove the cost, they may not be able to collect it.
Use the deduction checker to evaluate specific line items.
Step 5: Write a dispute letter
A strong dispute letter is short, specific, and evidence-based. You're not trying to "win an argument" — you're building a record that a reasonable judge can follow if it goes to court.
Structure your letter like this:
- State the facts: property address, tenancy dates, deposit amount, move-out date.
- List the timeline: when you vacated, when you got the itemization (or should have), any missed deadlines.
- Dispute each deduction: cite wear and tear, depreciation, missing receipts, or pre-existing damage.
- Attach evidence: move-in/move-out photos, lease excerpts, any prior communications.
- Set a deadline: give 7-14 days to respond before you escalate.
Template: Dispute deductions letter.
Step 6: Escalate with a formal demand letter
If the landlord ignores your dispute or won't negotiate, escalate to a formal demand letter. This is a more structured document that cites the specific laws in your state, calculates penalties, and sets a clear deadline before legal action.
A demand letter often prompts payment because it signals you're serious and know the law. It also creates the paper trail you'll need if you file in small claims court.
Colorado note: You must give your landlord 7 days' written notice of intent to sue before filing. Without this notice, you cannot recover treble damages or attorney's fees — only the actual deposit.
Start your free analysis to generate a state-specific demand letter with correct citations and penalty calculations.
Step 7: File in small claims court
If the landlord still won't pay, small claims court is designed for exactly this type of dispute. Filing fees are low ($30-$100 in most states), lawyers usually aren't allowed, and cases are decided quickly.
What judges want to see:
- Your lease (shows deposit amount and terms)
- Move-in and move-out photos (shows condition at each point)
- The itemization (or proof you never received one)
- Your written communications (shows you tried to resolve it)
- Timeline with dates (shows if deadline was missed)
- State law citations (shows what rules apply)
Small claims limits vary: $5,000 (Arizona, upstate New York) to $20,000 (Texas). See the small claims guide for your state.
Common landlord objections (and how to respond)
Landlords often push back with objections that sound reasonable but don't hold up. Here's how to handle the most common ones:
"The carpet was damaged beyond normal wear."
Response: Ask for photos showing the specific damage (not just age-related wear). If the carpet was old, calculate depreciation. If you have move-in photos showing existing wear, present them. Courts distinguish between actual damage (stains, burns, tears) and normal traffic patterns.
"The unit needed professional cleaning."
Response: You're not required to return the unit in better condition than you received it. If you left it in similar condition (broom-clean, appliances wiped down), professional cleaning is often the landlord's turnover cost — not your responsibility.
"We had to repaint the entire unit."
Response: Paint has a useful life (typically 3-5 years). If you lived there longer, repainting is expected maintenance. Even if there's damage beyond wear, you should only pay for the damaged portion, depreciated. Full-unit repainting after a multi-year tenancy is almost never properly charged to the tenant.
"You didn't provide a forwarding address."
Response: In most states, the deadline runs regardless of whether you provided an address — the landlord must mail to your last known address. Texas is the exception: provide your forwarding address in writing immediately. Either way, not having your address doesn't excuse keeping your deposit indefinitely.
"We mailed the check but you never got it."
Response: Ask for proof: check copy, mailing date, tracking number. If they can't produce it, continue your written escalation. If they claim they sent it and you dispute that, the burden is on them to prove delivery.
Evidence checklist
Strong cases have strong documentation. Gather these items before you move out:
- Signed lease (including any addendums)
- Move-in condition checklist or inspection report
- Move-in photos/video with timestamps
- Move-out photos/video with timestamps
- Key return receipt or confirmation
- Forwarding address letter (with proof of delivery)
- All communications with landlord (emails, texts, letters)
- Itemized statement from landlord (if received)
- Any receipts landlord provided
- Your rent payment history
Tip: Date-stamped photos are powerful evidence. Take wide shots of each room plus close-ups of any existing wear. Inside appliances, cabinets, and closets are commonly forgotten — photograph them too.
Next steps
Ready to start? Use the deadline calculator to confirm your timeline, then run a free deposit analysis to see which issues apply to your case.
For specific deductions, browse common deduction guides or check individual items with the deduction checker.