Security Deposit · The recovery process
How to get your security deposit back from your landlord
Four steps, in order: confirm your state's return deadline, document the dispute, send a statute-cited demand letter, and file in small claims if it's ignored.
- No lawyer required
- Works in all 50 states + DC
- Every step cites the statute
Last updated: June 2026 · Researched by the DepositHawk Research Team
What the law guarantees
Your deposit is your money — the landlord is only holding it
Most states and DC require a landlord to return your security deposit, minus only valid deductions, within a set number of days after you move out — and to give you a written, itemized statement of anything they keep. Kentucky and Tennessee set no statewide deadline, and in a few states the clock starts only after a later step, such as your written demand. Miss that deadline or skip the itemized statement, and some states, New York and Florida among them, take away the landlord's right to keep any of it.
California landlords must return the deposit within 21 days under Cal. Civ. Code § 1950.5; Texas has 30 days under Tex. Prop. Code § 92.109; Florida has 15 days under Fla. Stat. § 83.49; and New York has 14 days under N.Y. Gen. Oblig. Law § 7-108. When a landlord ignores those rules, you can follow the four steps below without a lawyer.
Ready to act? Generate your demand letter — $19.
The 4-step process
How to get your security deposit back, step by step
Do these in order. Each step builds the evidence for the next one.
- 01
Know your deadline
Start with the landlord's deadline. Look up how many days your state gives them to return the deposit — 21 in California, 30 in Texas, 15 in Florida, 14 in New York — and count from the day you handed back the keys, not the lease-end date. Once that deadline passes without your deposit or a valid itemized statement, the next step is a written demand.
Look up your state's deadline - 02
Document the dispute
Gather the itemized deduction statement, your move-in and move-out photos, and your lease. Go down the landlord's list line by line: normal wear and tear — minor scuffs, small nail holes, faded paint, carpet worn from ordinary use — is generally not chargeable, while unpaid rent and actual damage beyond normal use generally are. The improper deductions are your case.
See what counts as an improper deduction - 03
Send a demand letter
This is the step that puts your demand on paper. A demand letter names the property and move-out date, cites your state's exact statute, lists each improper deduction, calculates the deposit plus the penalty multiplier, and sets a firm 10-to-14-day response deadline. Send it by USPS Certified Mail with Return Receipt so you have proof of delivery. USPS charges $5.55 for Certified Mail plus $2.91 for an emailed Return Receipt, on top of postage (usps.com, checked September 20, 2026).
How to write a demand letterSkip the legal research
Generate a state-specific demand letter in 5 minutes
Your state's statute cited, each deduction listed, and a PDF ready to print and mail. No research required.
Generate My Demand Letter — $19 - 04
File in small claims
If the demand letter is ignored, you sue — without a lawyer. Filing fees typically run $10 to $105 depending on the state and claim amount, and you can usually ask the judge to add that fee to your award. You bring your lease, move-in and move-out photos, the itemized statement, your demand letter, and the certified- mail receipt. The deposit plus the statutory penalty is recoverable up to your state's small claims limit.
Read the small claims court guide
Time & cost
How long it takes and what it costs
If your landlord follows the law, the deposit comes back inside your state's deadline. When you have to push, the demand letter typically gives the landlord 10 to 14 days, and a small claims case usually runs 30 to 90 days from filing to hearing.
The out-of-pocket cost is small. USPS charges $5.55 for Certified Mail plus $2.91 for an emailed Return Receipt ($4.65 for the mailed card), on top of postage, as of September 20, 2026. Small claims filing fees typically run $10 to $105 depending on the state and claim amount, and many courts let you recover that fee in your award. Small claims court is built for people who come without a lawyer.
Statute cited · Each deduction listed · Ready to print
If you get stuck
The process is the same — even in the awkward cases
Landlord won't respond at all? A move-out date that doesn't match the lease? Deposit already cashed and spent? A roommate who took the whole refund? None of these change the four steps — they just change which evidence you lead with. The deposit is still your money, and the deadline-then-letter-then-court path still applies.
For the specific question you're stuck on, our plain-English answers library covers the situations renters actually run into — each answer anchored to the controlling statute, with zero legal jargon.
FAQ
Common questions about getting your deposit back
General information about state deposit law, not legal advice.
Start at step three. Put your demand in writing.
A letter that cites your state's statute, lists each deduction, and gives your landlord 14 days to respond. Delivered as a print-ready PDF in under 5 minutes.
Generate My Demand Letter — $19$19 one-time · No subscription · Refund if not delivered
Step 3 · $19
State-specific demand letter