There's no single US federal law on security deposits — but that doesn't mean landlords have unlimited discretion. Every state sets its own hard deadline, and missing it can cost a landlord far more than the deposit itself.
Why the deadline matters more than the "wear and tear" excuse
Most disputes get argued on the merits — was the damage real, was the cleaning fee fair — but the deadline itself is often the stronger, simpler argument. Missing a statutory deadline commonly forfeits the landlord's right to withhold anything at all, regardless of whether the underlying deduction might have been legitimate.
Three examples, since the rules genuinely differ by state
- California (Civil Code § 1950.5): 21 calendar days from move-out to return the deposit or send an itemized statement. Any single deduction over $125 requires receipts or invoices attached. As of April 2025, landlords must also take dated photos before and after any repair or cleaning they're deducting for (AB 2801) — a new requirement that gives tenants a stronger basis to dispute undocumented claims. Bad-faith retention can add damages of up to twice the deposit on top of the refund itself.
- New York (General Obligations Law § 7-108): a strict 14-day deadline. Miss it without providing an itemized statement, and the landlord generally forfeits the right to make any deductions at all — the tenant is owed the full deposit.
- Texas (Property Code § 92.103, § 92.109): 30 days. If a landlord retains the deposit in bad faith, Texas law allows the tenant to recover $100 plus three times the amount wrongfully withheld, plus attorney's fees.
Your state's specific deadline and remedy will differ from all three examples above — always confirm the exact rule for your state before citing a number to your landlord.
Building your case before you move out
- Take dated, timestamped photos and video of every room the day you hand back the keys, comparable to your original move-in inspection
- Keep your move-in inspection report or photos for direct comparison — this is your strongest evidence against a claim that damage happened during your tenancy
- Provide a forwarding address in writing, since many states' deadlines only start once the landlord has one
What to do once the deadline passes
- Send a formal demand letter by certified mail, citing your state's specific statute and the exact deadline that was missed, with a firm additional deadline (commonly 5-10 days) before you escalate.
- If there's no response, most small claims courts allow filing without an attorney, with filing fees typically in the $20-$100 range depending on the state.
- Bring your certified mail receipt, the demand letter, your photos, and the original lease/inventory to the hearing.
See also: if the unit itself was the problem, the implied warranty of habitability your lease can't override; and if a landlord retaliates by locking you out, why a self-help eviction is illegal, not you.