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Last updated: April 2026Researched by DepositHawk Research Team

Can My Landlord Do That?

Real questions from real renters, answered with actual statute citations. No legalese, no hedging — just what you need to know.

Security Deposits

Repairs & Maintenance

Landlord Entry & Privacy

Fees & Charges

Rent

Lease & Tenancy

Discrimination & Fair Housing

Eviction

Pets & Service Animals

DepositHawk covers 53 of the most common landlord-tenant questions across 9 categories, with statute citations for California, Texas, New York, Florida, and Illinois.

Frequently Asked Questions

Frequently Asked Questions

Can my landlord charge me for carpet replacement?

Your landlord can only charge you for carpet damage beyond normal wear and tear. Worn paths, minor stains from regular use, and fading are normal wear — not your responsibility. Large burns, pet damage, or deep stains from negligence are deductible.

Can my landlord charge me for painting after I move out?

Generally no — repainting between tenants is considered routine maintenance, not tenant damage. Landlords can only charge you for painting if you caused damage beyond normal wear, like crayon drawings, smoke staining, or unauthorized bold paint colors.

Can my landlord keep my deposit for cleaning?

Your landlord can deduct cleaning costs only if you left the unit dirtier than when you moved in, beyond normal wear. They cannot charge for routine turnover cleaning that happens between every tenant.

Can my landlord deduct from my deposit for normal wear and tear?

No. Every state prohibits landlords from deducting for normal wear and tear. Scuffed floors, faded paint, worn carpet paths, and minor wall marks from furniture are all normal wear — your landlord cannot charge you for these.

Can my landlord refuse to give me an itemized list of deductions?

In most states, no. The majority of states require landlords to provide a written, itemized list of deductions when withholding any part of your security deposit. Failure to do so often means you get the full deposit back.

Can my landlord keep my deposit past the return deadline?

No. Every state sets a deadline for returning security deposits (14-60 days depending on your state). Missing this deadline often means your landlord owes you the full deposit back, sometimes with penalties and interest.

Does my landlord have to pay interest on my security deposit?

It depends on your state and city. Some jurisdictions require landlords to hold deposits in interest-bearing accounts and pay you the interest. Others have no such requirement.

Can my landlord charge me for pet damage from my security deposit?

Yes. Pet damage is not considered normal wear and tear in any state. Scratched doors, chewed trim, urine-stained carpet, and odor remediation are all valid deductions — but charges must be reasonable and documented.

Can my landlord use my security deposit as last month's rent?

Typically no — your security deposit and last month's rent are legally separate. You can't unilaterally decide to skip your last month's rent and tell the landlord to "use the deposit." But some states allow landlords to apply the deposit to unpaid rent after move-out.

Can my landlord charge me more than my security deposit for damages?

Yes, in most states. If the cost of repairs for actual damage exceeds your deposit, your landlord can bill you for the difference. However, they must prove the damage, provide documentation, and charges must be reasonable.

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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.