How long do I have to sue my landlord over my security deposit?

It depends on your state. California gives you 3 years for a deposit claim, Texas gives you 4 years, Florida gives you 5 years, and New York runs to 6 years. The clock generally starts when the landlord's return deadline passes without your deposit or a valid itemized statement. Look up your state in the table to see your number and the statute behind it.

When does the clock on a deposit claim start running?

In most states it starts when the cause of action arises — practically, the day your landlord's return deadline passes without your deposit or a valid itemized statement of deductions. That is the moment the landlord is in violation and you could file. A few states tie it to move-out or to the date you demanded the deposit back. Because the trigger varies, the safe approach is to treat the return-deadline date as day one and not wait near the end of the window.

What happens if the statute of limitations runs out?

If you file after the window closes, the landlord can ask the court to dismiss the case on the limitations period, and courts usually grant it regardless of how clearly you were owed the money. That is why the date matters as much as the merits. If you are getting close, it is worth confirming your state's exact limit and moving rather than assuming you have time — and if you are well inside the window, the urgency is lower but the same rule applies the moment it expires.

Is the statute of limitations different for written and oral leases?

Often, yes. Many states set a longer limitations period for claims based on a written contract than for oral agreements, and a signed lease usually counts as a written contract. So a renter with a signed lease frequently has more time than one who rented on a handshake. The per-state numbers in the table reflect the window that typically applies to a written residential deposit claim; if your tenancy was purely oral, your window may be shorter, which is one more reason not to wait.

Does sending a demand letter pause the statute of limitations?

No. A demand letter is strong evidence and the standard step before filing, but sending one does not stop or extend the limitations clock. The window keeps running whether or not the landlord responds. That is the trap behind a landlord who stalls — months of silence eat into the time you have to file. Treat the letter as pressure, not as a pause, and keep your filing deadline in view the whole time.

Can I still file if my landlord ignored me for a long time?

As long as you are still inside your state's window, yes — a landlord cannot run out your clock just by ignoring you, and an ignored demand letter usually strengthens your case. The thing to confirm is where you sit in the limitations period for your state, which is in the table above. If you are still inside it, you can file in small claims for the deposit plus any penalty your state allows, and the documented silence helps show you tried to resolve the dispute first.

Security Deposit · 50 states + DC

Security deposit statute of limitations, by state

Every state caps how long you have to sue over a deposit a landlord wrongfully kept. Miss that window and the claim is gone, no matter how clearly you were owed the money. The deadline and the controlling statute for all 51 jurisdictions are in the table below — most fall between 3 and 10 years.

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Every deadline cites its statute
All 50 states + DC
When the clock starts

Last updated: June 2026 · Researched by the DepositHawk Research Team

What it means

After the deadline passes, you lose the right to sue

The statute of limitations is the window in which you can still take a landlord to court over a deposit they kept. Once it closes, a judge will generally dismiss the case on the time bar — the merits stop mattering. The clock usually starts the day the landlord's return deadline passes without your deposit or a valid itemized statement, which is also the day the violation begins.

California renters have 3 years to bring a security-deposit claim under Cal. Civ. Code § 1950.5.

Texas renters have 4 years to file under Tex. Prop. Code § 92.109.

Florida renters have 5 years to file under Fla. Stat. § 83.49.

New York renters have 6 years to file under N.Y. Gen. Oblig. Law § 7-108.

A demand letter does not pause this clock. It is the right step, but the window keeps running whether the landlord responds or not — which is why a stalling landlord is hoping you wait.

Statute of limitations by state

Security deposit statute of limitations in all 51 jurisdictions

Each entry is the window for filing a security-deposit claim in that state, with the controlling statute. Where a state sets different windows for written and oral agreements, this reflects the period that typically applies to a signed lease. Tap a state for the full local rules.

Security deposit statute of limitations and the controlling statute for all 51 U.S. jurisdictions
State	Statute of limitations	Controlling statute
Alabama	6 years	Ala. Code § 35-9A-201
Alaska	3 years	Alaska Stat. § 34.03.070
Arizona	3 years	A.R.S. § 33-1321
Arkansas	5 years	Ark. Code Ann. § 18-16-304
California	3 years	Cal. Civ. Code § 1950.5
Colorado	3 years	C.R.S. § 38-12-103
Connecticut	6 years	Conn. Gen. Stat. § 47a-21
Delaware	3 years	Del. Code Ann. tit. 25, § 5514
District of Columbia	3 years	D.C. Code § 42-3502.17
Florida	5 years	Fla. Stat. § 83.49
Georgia	4 years	O.C.G.A. § 44-7-33
Hawaii	6 years	Haw. Rev. Stat. § 521-44
Idaho	4 years	Idaho Code § 6-321
Illinois	5 years	765 ILCS 710/1
Indiana	6 years	Ind. Code § 32-31-3-12
Iowa	5 years	Iowa Code § 562A.12
Kansas	5 years	K.S.A. § 58-2550
Kentucky	5 years	KRS § 383.580
Louisiana	3 years	La. R.S. § 9:3251
Maine	6 years	14 M.R.S.A. § 6033
Maryland	3 years	Md. Code Ann., Real Prop. § 8-203
Massachusetts	6 years	Mass. Gen. Laws ch. 186, § 15B
Michigan	6 years	M.C.L. § 554.602
Minnesota	6 years	Minn. Stat. § 504B.178
Mississippi	3 years	Miss. Code Ann. § 89-8-21
Missouri	5 years	Mo. Rev. Stat. § 535.300
Montana	5 years	Mont. Code Ann. § 70-25-202
Nebraska	5 years	Neb. Rev. Stat. § 76-1416
Nevada	6 years	Nev. Rev. Stat. § 118A.242
New Hampshire	3 years	N.H. Rev. Stat. Ann. § 540-B:9
New Jersey	6 years	N.J.S.A. § 46:8-21.1
New Mexico	6 years	N.M. Stat. Ann. § 47-8-18
New York	6 years	N.Y. Gen. Oblig. Law § 7-108
North Carolina	3 years	N.C. Gen. Stat. § 42-52
North Dakota	6 years	N.D. Cent. Code § 47-16-07.1
Ohio	6 years	Ohio Rev. Code § 5321.16
Oklahoma	5 years	Okla. Stat. tit. 41, § 115
Oregon	6 years	Or. Rev. Stat. § 90.300
Pennsylvania	4 years	68 P.S. § 250.512
Rhode Island	10 years	R.I. Gen. Laws § 34-18-19
South Carolina	3 years	S.C. Code Ann. § 27-40-410
South Dakota	6 years	S.D. Codified Laws § 43-32-24
Tennessee	6 years	Tenn. Code Ann. § 66-28-301
Texas	4 years	Tex. Prop. Code § 92.109
Utah	4 years	Utah Code Ann. § 57-17-3
Vermont	6 years	9 V.S.A. § 4461
Virginia	5 years	Va. Code Ann. § 55.1-1226
Washington	6 years	RCW § 59.18.280
West Virginia	10 years	W. Va. Code § 37-6A-2
Wisconsin	6 years	Wis. Admin. Code ATCP § 134.06
Wyoming	8 years	Wyo. Stat. § 1-21-1207

Limitations periods reflect each state's statute as of June 2026. Some states apply a different window to oral agreements, and the trigger date can vary — see your state page for the local detail, and verify against the current statute before relying on it.

Before the clock runs out

The window is real — build your path while you still have it

Knowing your deadline only helps if you act inside it. The Complete Deposit Recovery Kit builds the whole recovery path — your demand letter, the firmer escalation letter if the first is ignored, and your state's small-claims filing guide — so the limitations clock works for you instead of against you.

Demand and escalation letters

The first statute-cited demand letter, plus the firmer follow-up that sets a final date before you file — both ready for certified mail.

Your state's filing path

The claim limit, filing fee, and small-claims process where you live — with a timeline that keeps you ahead of the limitations window.

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$49 one-time · No subscription · Informational, not legal advice

Two things to check

Confirm the deadline, then know the filing rules

The limitations clock usually starts when the landlord's return deadline passes, so the first thing to pin down is that date. Our return-deadline guide lists the number of days for every state so you know exactly when day one was.

Once you know you are inside the window, the next move is the court itself. The small claims guide for your state covers the claim limit, the filing fee, and which court hears a deposit case — no lawyer required.

FAQ

Common questions about the deposit statute of limitations

Each answer is anchored to the controlling statute and is informational, not legal advice.

It is the window of time in which you can still sue a landlord over a deposit they wrongfully kept. Once it passes, a court will generally throw the claim out no matter how strong it is. The length is set by each state and usually depends on whether the dispute is treated as a written-contract claim or an oral one — written claims typically get a longer window. Across the states the range runs from about 3 to 10 years. The exact number for every state is in the table on this page, each citing the controlling statute.

The clock is running. Build your case now.

Don't let the window close. The kit builds your demand, escalation, and filing path — so you act while you still can.