Landlord won't return your security deposit? What to do, step by step

Every state sets a deadline to return the deposit or explain deductions in writing. In the states we cover:

• California: Within 21 calendar days after a tenant moves out, the landlord must return the deposit or send an itemized statement of deductions with the remaining balance (Civ. Code § 1950.5(h)).
• Texas: The landlord must refund the deposit, or give a written description and itemized list of deductions, on or before the 30th day after the tenant surrenders the premises (Prop. Code §§ 92.103, 92.104). The clock starts once the tenant has given a written forwarding address (§ 92.107).
• Florida: The landlord must return the deposit within 15 days after the lease ends, or within 30 days send written notice by certified mail (or e-mail as allowed by § 83.505) of any claim against it and the reason (Fla. Stat. § 83.49(3)(a)).
• New York: Within 14 days after the tenant moves out, the landlord must provide an itemized statement of any amount kept and return the rest (Gen. Oblig. Law § 7-108(1-a)(e)).
• Illinois: To keep any part of the deposit for damage, the landlord must send an itemized statement with paid receipts within 30 days after move-out; otherwise the full deposit is due within 45 days (765 ILCS 710/1(a)).

The deposit calculator works out the exact date from your move-out date.

• Your lease, and proof you paid the deposit (receipt, canceled check, bank statement)
• Move-in and move-out photos or video, with dates
• Any itemized list from the landlord, with the envelope or e-mail showing when it arrived
• Texts and e-mails about the deposit, and the date you gave your forwarding address

A demand letter is a formal, written request for your deposit. It names the statute and the deadline the landlord missed, the amount owed, a date to pay by, and what you'll do if they don't. Sent by Certified Mail, it shows the landlord you know the rules and are keeping a record, and it's the first thing a small claims judge will ask about.

You can write it yourself from a free sample letter (California, Texas, Florida, New York, Illinois), or have ours written from your answers.

If the payment date passes, send one short final notice: the original letter's date, that you haven't been paid, and that you'll file in small claims court after a final date. Keep it brief and polite. It's also more paper for the judge.

Small claims court is designed for people without lawyers. Filing fees are low and the process is simple. Our state guides walk through it:

• How to sue for your deposit in California
• How to sue for your deposit in Texas
• How to sue for your deposit in Florida
• How to sue for your deposit in New York
• How to sue for your deposit in Illinois

They've gone silent

No refund, no list, no reply. Once the deadline passes, many states penalize the landlord, and in New York and Florida a late landlord loses the right to keep any of it (or to claim against it).

They sent a list you disagree with

Dispute each charge in writing: wear and tear, pre-existing damage, missing receipts, unreasonable amounts.

They say you owe more than the deposit

Ask for the itemized statement and receipts. A landlord who wants more than the deposit has to sue you and prove it.

The building was sold

The new owner can often be responsible for your deposit; California, Texas, Florida, New York and Chicago all say so. Ask both the old and new owner in writing.

You never gave a forwarding address

Give it now, in writing. In Texas the 30-day clock doesn't start until you do, and an Illinois landlord isn't liable for penalties without it.

Charges you disagree with? See normal wear and tear vs. damage.