Getting a security deposit back: the record that decides it

A deposit dispute is settled by whoever can show what the place looked like and when the keys went back. What to photograph, what to put in writing and what to do when the money does not arrive.

Renting · Updated 5 October 2026 · 4 minute read

Most arguments over a security deposit are not arguments about the law. The law in nearly every state is on the page and fairly plain: the landlord has a fixed number of days to return the money, and must explain in writing anything that is kept. The argument is about facts. Was the carpet stained before the tenancy began? Was the oven cleaned? When were the keys handed over? The side with a dated record of those facts usually wins, and the record costs nothing to make if it is made at the right time.

On the day you move in

The move-in record is the one people skip, and it is the one that matters most, because it is the only evidence of what was already wrong.

• Photograph every room before the boxes come in. Take wide shots of each wall and floor, then close shots of anything marked, chipped, stained or broken. Open the oven, the refrigerator and the cupboards under the sinks.
• Record a slow video walk-through as well. A video shows that nothing was left out between the photos.
• Fill in the inspection checklist if you are given one, and write specifics, not ticks. "Two burn marks on bedroom carpet near window" is evidence. "Carpet: fair" is not.
• Send the list to the landlord in writing within the first few days. An email with the photos attached creates a date that neither side can later dispute.

While you live there

Report problems in writing when they appear. A leak mentioned by email in March cannot fairly be charged to you as neglect in December. Keep the replies. If something is repaired, note the date.

Normal wear and damage are different things

Almost every state lets a landlord deduct for damage and unpaid rent and forbids deducting for ordinary wear. The line between them is where most disputes sit. As a general guide:

Age matters too. A carpet has a useful life, and many courts will not let a landlord charge a departing tenant the full price of a new one to replace a carpet that was already ten years old.

On the day you move out

• Give notice in writing and keep a copy, with the date it was sent.
• Clean to the standard you found, then repeat the move-in photographs from the same positions. Matching pairs of photos are very hard to argue with.
• Ask for a walk-through. Some states give tenants a right to an inspection before moving out so that problems can be fixed first. Ask whether yours does.
• Return every key and get a receipt, or photograph the handover. The return deadline normally runs from the day the tenancy ends and possession is given back.
• Give a forwarding address in writing. In many states the landlord's duty to send the deposit depends on having one.

The deadline and the itemised statement

State deadlines for returning a deposit commonly fall between 14 and 45 days after move-out. California, for example, allows 21 days. Within that time the landlord must normally send either the whole deposit or the balance together with a written, itemised list of deductions, and many states require receipts or estimates for the larger ones. A landlord who misses the deadline or sends no itemisation can, in a number of states, lose the right to keep anything, and some states add a penalty of two or three times the amount wrongly held.

Look up the statute for the state the rental is in. State consumer protection offices and court self-help sites publish plain summaries, and the number of days is always stated.

If the money does not arrive

1. Wait for the deadline to pass, then write. A demand letter states the address, the dates of the tenancy, the deposit paid, the amount still owed, the statute and its deadline, and a date by which you expect payment. Keep it factual and short.
2. Send it in a way that proves delivery, such as certified mail, and keep a copy with your photographs.
3. If the date passes, small claims court is built for this. Filing fees are modest, lawyers are usually not needed, and the judge will want exactly what you have been collecting: the lease, the photos, the letters and the dates.