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.
An itemized list isn't optional — it's the law in most states. When your landlord keeps part of your deposit, they have to tell you exactly what they're charging for and how much. A vague "deductions: $800" letter doesn't cut it.
The itemized statement should list each deduction separately (cleaning: $150, carpet repair: $200, etc.) and ideally include receipts or estimates. If your landlord fails to provide this, you may be entitled to your full deposit back regardless of whether there was actual damage — that's how seriously courts take this requirement.
If your landlord sends a vague notice or no notice at all, that's actually good news for your claim. Many states impose automatic penalties for failing to itemize, which often makes your case stronger than if they'd just kept the money for legitimate reasons and documented it properly.
How This Works State by State
The rules vary depending on where you live. Here's how the biggest states handle it.
Under Cal. Civ. Code § 1950.5(g), California landlords must provide an itemized statement of deductions within 21 days or risk forfeiting the entire deposit.
Tex. Prop. Code § 92.104(c) requires Texas landlords to provide a written itemized list within 30 days or forfeit the right to keep any deposit amount.
New York landlords must provide an itemized statement of deductions within 14 days under N.Y. Gen. Oblig. Law § 7-108(1-a).
Under Fla. Stat. § 83.49(3)(a), Florida landlords who fail to send written notice of deductions within 30 days forfeit the right to claim any deposit amount.
Under 765 ILCS 710/1, Illinois landlords must provide itemized deductions within 30 days. Chicago landlords face 2x penalties under RLTO § 5-12-080 for failure to comply.
| State | Rule | Statute |
|---|---|---|
| California | California requires an itemized statement within 21 days. If the landlord fails to provide it, they may forfeit the right to keep any of the deposit. | Cal. Civ. Code § 1950.5(g) |
| Texas | Texas requires a written description and itemized list of deductions within 30 days. Failure to comply means the landlord forfeits the right to withhold any portion. | Tex. Prop. Code § 92.104(c) |
| New York | New York requires an itemized statement within 14 days of move-out. Landlords must also provide the deposit in a separate interest-bearing account. | N.Y. Gen. Oblig. Law § 7-108(1-a) |
| Florida | Florida gives landlords 30 days to send written notice of intent to impose a claim. If they miss this deadline, they forfeit the right to make any deduction. | Fla. Stat. § 83.49(3)(a) |
| Illinois | Illinois requires itemized statements within 30 days (45 in Chicago). The Chicago RLTO imposes 2x penalties for failure to itemize. | 765 ILCS 710/1; Chicago RLTO § 5-12-080 |
●Frequently Asked Questions
Frequently Asked Questions
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 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.
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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.