Your landlord didn't return your deposit. Here's what you can actually do.

It depends on your state. Among the 24 states we've checked against the statute text, the deadline runs from 14 days (Nebraska, New York and Vermont) to 45 days (Illinois, Maryland and Virginia). California is 21 days under Cal. Civ. Code § 1950.5. Texas is 30 days under Tex. Prop. Code § 92.109. New York is 14 days under N.Y. Gen. Oblig. Law § 7-108. Florida is 15 days to return in full or 30 days to give notice of deductions under Fla. Stat. § 83.49. For other states, read the statute in the table below. The clock typically starts on the move-out date, not on the lease end date or key-return date.

First, compare what was returned against your original deposit. Then look at any itemized deduction statement. If your landlord sent an itemized list, challenge line items that represent normal wear and tear — carpet worn from normal use, minor scuffs, faded paint after 2+ years — which are not chargeable in any state. If no itemized statement was sent within the statutory deadline, some states, New York and Florida among them, take away the landlord's right to keep any of the deposit. A demand letter listing each improper deduction with the applicable statute citation is your first step.

Yes, in every state. Small claims court does not require a lawyer. You bring your lease, move-in and move-out photos, your demand letter, and the certified-mail receipt. Filing fees run $30–$100 depending on state — California is $30–$75, Texas is $46, New York is $15–$20, Florida is $100. Judges in small claims courts hear deposit disputes every week and understand the statutes. In some states you can also ask for a penalty on top of the deposit, of up to 2× or 3× the amount wrongfully withheld. What triggers it, such as bad faith, depends on the state.

In some states, New York and Florida among them, a landlord who doesn't send the itemized statement on time loses the right to keep any of the deposit, even for charges that would otherwise be legitimate. Some states also allow a penalty on top of the deposit: California allows up to 2× the deposit under Cal. Civ. Code § 1950.5(l) for bad-faith withholding, Massachusetts allows 3× the deposit plus 5% annual interest under Mass. Gen. Laws ch. 186 § 15B, and Texas allows $100 plus 3× the amount withheld in bad faith under Tex. Prop. Code § 92.109. A court decides whether a penalty applies to your facts.

Certified mail is not legally required in most states, but it is the standard practice because it gives you proof of delivery — a tracking number plus a signed return-receipt card (the green card). Without proof of delivery, your landlord can claim they never received the letter, which eliminates your strongest piece of evidence if the case goes to small claims. As of September 20, 2026, USPS charges $5.55 for Certified Mail on top of postage, plus $2.91 for an emailed Return Receipt or $4.65 for the mailed green card. Send it from the counter so you get a stamped receipt at time of mailing. Keep the green card when it comes back signed.

No. Normal wear and tear is not chargeable in any state. The phrase appears explicitly in most state statutes — including Cal. Civ. Code § 1950.5(b)(3), Tex. Prop. Code § 91.006, and N.Y. Gen. Oblig. Law § 7-108(1). Normal wear and tear includes: minor scuffs on walls from furniture, carpet worn from regular foot traffic, faded paint from sunlight exposure, and small nail holes from hanging pictures. It does not include large holes in walls, pet stains, burns, or missing fixtures. If your landlord deducted for wear and tear, that deduction is challengeable in your demand letter and in small claims.