Landlord won't return your security deposit

Your deposit is your money: here's how to get it.

The answer in 2 lines. Your landlord must return your deposit, or send a list of deductions, within a deadline set by your state: 14 days in New York, 21 days in California, 15 to 30 days in Florida, 30 days in Texas. Deductions must be for real damage or unpaid rent, not normal wear and tear. Give your forwarding address in writing, send a demand letter, then file in small claims court if needed.

The first 3 steps

Gather proof: lease, move-in and move-out photos or checklist, the date you returned the keys, rent receipts, messages.
Give your forwarding address in writing (some states, like Texas, require it before the clock starts), then send a dated demand letter citing your state's deadline.
No answer? File in small claims court: it's designed for people without a lawyer, and fees are low.

What a landlord can and can't deduct

Can: unpaid rent, damage beyond normal use, cleaning to return the place to its move-in condition (rules vary by state).
Can't: normal wear and tear, such as faded paint, light scuffs or carpet worn by everyday use.
In many states the landlord must send an itemized statement of deductions. In California, receipts are required for larger repairs.
Keeping a deposit in bad faith can cost the landlord a penalty in several states, sometimes a multiple of the deposit.

In your city

New York City: New York law gives the landlord 14 days after you move out to return the deposit or provide an itemized statement of deductions.
Los Angeles and San Diego: California law gives 21 days after you move out to return the deposit or send an itemized statement. The California courts' self-help site explains how to go to small claims.
Houston, Dallas and San Antonio: Texas law gives 30 days after you surrender the property, and you must give your forwarding address in writing.
Miami: Florida law gives 15 days to return the deposit if there's no claim, or 30 days to send written notice of a claim by certified mail to your last known mailing address; you then have 15 days after receiving it to object in writing.
Other states have their own rules: check your state attorney general's or court's website.

What not to do

Moving out without photos or a move-out walkthrough.
Refusing to pay your last month's rent "because the deposit covers it": in many states that's not allowed and can backfire.

Good to know

Return the keys in a way you can prove, with a date: the deadline usually starts when you move out or surrender the unit.
Free legal aid groups and tenant organizations can review your landlord's deductions with you.

In Houston, Brianna moves out on June 30 and emails her forwarding address the same day. After 30 days, nothing. She sends a dated demand letter citing the Texas deadline, with her move-out photos. Two weeks later she files in justice court; the landlord refunds her before the hearing.

A made-up story, for illustration.

Bobby

Sources, verification, confidence

Verified on October 18, 2026, for the United States. Confidence: high for the New York, California, Texas and Florida deadlines (state law, official or court sources); medium for general statements about other states, which vary a lot. This guide describes common cases, not a diagnosis or legal advice.