How long does a landlord have to return a security deposit? [By state]

You need to know how to get security deposit back from landlord, either at the end or midway through the lease. This deposit is your property and a big chunk of change that could reduce the upfront payment in your next rental. You could even put it as pet rent or pet deposit in your new place.

how to get security deposit back from landlord

If your refuse to give you a security deposit refund, they must give a detailed reason. Do not be nervous about asking for your security deposit refund – you do not have to be. As long as the apartment is in good condition, you should get your security deposit back in full.

How long does a landlord have to return a security deposit?

Your landlord must return your security deposit within a certain number of days after you move out. The specific timeframe depends on your state where the rental property is located. Some states mandate returning the security deposit within a few days, while in other states the landlord has a few weeks or longer to return the deposit.

Below is how long your landlord has to return your security deposit by state:

State

Security deposit return deadline

Alabama

60 days

Alaska

14 days (if a tenant has given proper notice to terminate tenancy) or 30 days (if the tenant fails to give proper notice or the landlord deducted amounts needed for repairs

Arizona

14 days

Arkansas

60 days

California

21 days

Colorado

The landlord has 30 days, unless your lease allows more time but it must not be more than 60 days

Connecticut

30 days, or within 15 days of tenant sending in their forwarding address (or whichever is later)

Delaware

20 days

District of Columbia

45 days

Florida

15 to 30 days depending on whether the landlord or tenant makes a claim

Georgia

30 days

Hawaii

14 days

Idaho

21 days after the lease ends or, if stated in the lease, within 30 days after the tenant leaves the premises

Illinois

30 to 45 days

Indiana

45 days

Iowa

30 days

Kansas

14 days but must not exceed 30 days

Kentucky

30-60 days, depending on whether there are disputes deductions

Louisiana

30 days

Maine

30 days for written rental agreement) or 21 days for tenancy at will

Maryland

45 days

Massachusetts

30 days

Michigan

30 days

Minnesota

21 days after tenant leaves, and landlord receives mailing address; 5 days if tenant must leave due to building condemnation

Mississippi

45 days

Missouri

30 days

Montana

30 days (10 days if no deductions)

Nebraska

14 days

Nevada

30 days

New Hampshire

30 days

New Jersey

30 days

New Mexico

30 days

New York

14 days

North Carolina

30 days; or 60 days (if landlord’s claim against the deposit cannot be finalized within that time)

North Dakota

30 days

Ohio

30 days

Oklahoma

45 days

Oregon

31 days

Pennsylvania

30 days

Rhode Island

20 days

South Carolina

30 days

South Dakota

14 days, and must supply reasons if withholding any portion; 45 days for a written, itemized accounting, if tenant requests it

Tennessee

No statutory deadline

Texas

30 days

Utah

30 days

Vermont

14 days or 60 days (if the rental is seasonal and not intended as the tenant’s primary residence)

Virginia

45 days

Washington

21 days

West Virginia

60 days from the date of the tenancy termination or within 45 days of the occupancy of a subsequent tenant, whichever is shorter.

Wisconsin

21 days

Wyoming

Within 30 days of the termination of the lease or eviction, or within 15 days of the tenant notifying the landlord of the tenant’s new address

Above are the deadlines for each state. So, you can follow the link for additional information on security deposit in your state.

How to get security deposit back from landlord

First, you need to understand the security deposit refund rules. Follow the steps as highlighted in this section to get your security deposit refund from your landlord:

  1. Refer to your lease

You need to know when your security deposit should be returned. States typically require landlords to pay back your security deposit within 14, 30, 45, and 60 days of moving out. Nonetheless, refer to your lease for the specific timeframe.

A landlord does not also need any extra time to prepare your money. Normally, landlords are expected to keep security deposits in a separate bank account from their business bank account. In Massachusetts, the landlord keeps the money in a separate, interest-bearing account, and must pay interest on the deposit if the tenant lasts for a year or more, typically 5% annually.

This interest rule does not apply in all states, so check with your local housing authority to know the correct rules where you live.

  1. Know what can be deducted from the security deposit

A landlord can deduct any damage repair costs and unpaid rent from a security deposit. As such, your landlord needs to give you a detailed list of repairs and evidence (copies of receipts or bills) of the costs if there is damage. Note that sometimes, a landlord can try to keep the security by falsely claiming damages.

  1. Fill out the move-in checklist

Getting back your security deposit begins the day you move in. You need a move-in checklist to provide a convenient and organized way to keep track of the condition of your rental property and check for damage beyond normal wear and tear.

Read also: leave a lease with an ex easily now!

Your landlord also uses a move-in checklist to document existing conditions in the home.

  1. Read your lease

It is important to follow the rules when moving out of your apartment if you want to get your deposit back. In some cases, a lease automatically extends beyond its expiration date. If this happens, you need to give your landlord notice, typically 30 days, or risk breaking your lease.

Your landlord may then leverage this to keep your security deposit. You also need to give written notice if your lease is month-to-month.

  1. Know your local landlord-tenant laws

Your landlords must abide by local laws and statutes. Thus, make sure to learn about renters rights, which can make a difference.

For instance, security deposits are limited to one month’s rent in Alabama, except for additional deposits like pets. The landlord then has to return the deposit 60 days after the lease expires.

Read also: my landlord sold apartment despite lease

There is no statutory limit to the security deposits in Montana. In this case, a landlord refunds your security deposit back in 30 days or 10 days if nothing has been deducted.

In Nevada, your security deposit can be up to 3 months of rent. Your landlord then has 30 days to return it.

  1. Organize the property

Refer to those photos in your move-in checklist. Take some time to put the property back in its original condition.

If you made paint changes, get in touch with your landlord for the name of the original paint color to buy and try to get the color right. The landlord may even tell you if they plan to repaint the property themselves.

Fix loose hinges on doors and cabinets. Deep clean floors and carpets and scrub the kitchen, bathroom, stove, and refrigerator.

  1. Fill out the move-out checklist

Fill out the apartment move-out checklist. You want to complete the move-in checklist obtained from your landlord or create one yourself. It should document the current condition of your apartment when moving out. It also minimizes potential disputes with your landlord, making sure the landlord receives the property in good condition.

Consider taking videos and pictures of the property and email the files to your landlord immediately. You would have previously filled out a move-in checklist, showing the digital and time-stamped documentation of the property’s condition when you first moved into the apartment.

Request a final apartment walk-through and ask your landlord to inspect the property after the cleanup. Your landlord is not mandated to do the inspection, so they may decide to do it when you move out.

  1. Return the keys

Return the sets of keys the landlord gave to you, including the house, gate, and mailbox keys, or any key you received.

The landlord will have to pay to replace any lost keys. Some landlords even change the locks once a tenant moves out.

  1. Submit your forwarding address

Your landlord needs your new address to send your security deposit. Do not forget to leave a forwarding address or any necessary instructions for a direct deposit.

Take action if your security deposit is not refunded

If you have done the right thing but your landlord refuses to pay your security deposit back, or holds back the money, write a certified letter, outlining the reasons you should get more or all of your security deposit refund.

Ensure to include the landlord-tenant laws that say you must get all the money back. Include the before and after photo and video of the apartment ad evidence, if any.

A certified letter should sway your landlord for your sector deposit refund. Otherwise, your next move is a small claims court. You would have to file a claim and pursue the legal action.

Prorated rent is another issue that may come up at the end of your lease. You may not owe for a full month if you move out any day other than the last day of the month.

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