Can My Landlord Keep My Security Deposit?

Moving out of an apartment is stressful enough, but it gets worse when your landlord says, “Sorry, you’re not getting your deposit back.”

If you’ve been Googling or even asking ChatGPT, “Can my landlord legally keep my security deposit?”, you’re not alone. This is one of the most searched landlord-tenant questions in North America.

The good news? In most cases, landlords can’t just pocket your money. Here’s what you need to know.

Step 1: Understand Why Landlords Can Hold Deposits

Landlords can only keep your deposit for specific, legal reasons. Common ones include:
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• Unpaid rent
  
  
• Damage beyond normal wear and tear
  
  
• Unpaid utilities if your lease says you’re responsible
  
  
• Cleaning fees (but only if clearly allowed in your lease)
  

👉 Example: A few nail holes in the wall? Normal wear and tear—you should get your deposit back. A smashed window? That’s damage, you’ll probably pay for it.
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Step 2: Know the Timeline for Returning Deposits

Most states and provinces have strict deadlines for when landlords must return deposits (often 30–60 days after move-out).

‍California: Landlords must return deposits within 21 days with an itemized statement. Learn more here.
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If your landlord misses the deadline or doesn’t provide an itemized list, you may be entitled to your full deposit back.

Step 3: Document Everything Before You Move Out

To protect yourself:
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• Take photos and videos of the unit on move-out day
  
  
• Request a move-out inspection
  
  
• Keep receipts if you made repairs or cleaned the apartment
  
  

This way, if your landlord makes false claims, you’ll have proof.

Step 4: What to Do If Your Landlord Won’t Pay Up

1. Ask in writing: Send a polite email or letter requesting your deposit.
   
   
2. Cite the law: Mention your state rules and deadlines.
   
   
3. Threaten small claims court: Many landlords pay once they realize you know your rights.
   
   
4. Get legal help: A lawyer can send a demand letter or represent you in court.
   
   

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Landlords can’t legally keep your deposit without a valid reason, and they must follow strict timelines. If you suspect your landlord is breaking the law, don’t just accept it, take action.

Need Help Recovering Your Deposit?

If you’ve already searched Google or ChatGPT and still aren’t sure what your rights are, head over to Lawggle.com. In under a minute, MatchBot will connect you with the right tenant lawyer based on your situation, urgency, and even communication preferences.

Lawggle is North America’s AI-powered lawyer matcher, the easiest way to go from “I read about it online” to “I’m talking to a lawyer who can actually fix this.”

FAQ 

Q: Can my landlord keep my deposit for cleaning?
A: Only if your lease clearly allows it, and even then, they must prove the cleaning was necessary beyond normal wear and tear.
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Q: How long does a landlord have to return my deposit?
A: Usually 30–60 days, depending on your state. In California, it’s 21 days.

Q: What if my landlord refuses to return my deposit?
A: You can send a formal demand, file in small claims court, or hire a lawyer. Many tenants win these cases if they documented their move-out properly.

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