Know your security deposit rights when you move out

Amount of your security deposit

When you move into a house or apartment, the landlord is allowed to ask you for a security deposit. The security deposit cannot be more than your first months rent. So, if your first months rent is $750, the security deposit cannot be more than $750.

When you move in, the landlord can also ask you to pay first months rent, last months rent, and the cost of a new lock and key.

Read this article to learn more about the differences between these payments.

What should my landlord do with the security deposit?

The landlord must put your security deposit in a separate bank account that earns interest. He should give you a receipt for the security deposit.

Read this article to learn more about what a landlord must do with a security deposit.

When I move out, when must the landlord return my security deposit?

A landlord must return your entire security deposit within 30 days from the day you move out of your apartment. There are two exceptions to this rule.

First, if you are a tenant with a written lease, a landlord does not have to return your deposit until 30 days after the "end of the tenancy" as specified in the lease, even if you actually leave sooner.
Second, your landlord can use your security deposit to pay for certain expenses.
You can also ask for your security deposit back while you are still living in the apartment if your landlord does not follow certain rules. Read this article to learn more.

What expenses can the landlord use my security deposit for?

At the end of your tenancy, your landlord may deduct the following expenses from your security deposit:

Any unpaid rent, unless you legally withheld it for bad conditions;
Any unpaid increase in real estate taxes for which you are responsible under a valid tax escalator clause in your lease (for more information about tax escalator clauses, see this article); and
A "reasonable amount necessary to repair any damage" caused by you, your family members, or guests, beyond any "reasonable wear and tear."

Routine painting and cleaning, new locks, and minor carpentry are generally considered "reasonable wear and tear" and should not come out of the security deposit.

If the landlord wants to use the security deposit for repairs, he must give you a complete list of the damaged items and the repair costs needed to fix them within 30 days of your moving out. The list must be signed and sworn to by the landlord "under penalties of perjury."

When is the landlord not allowed to keep my security deposit?

Your landlord gives up the right to keep any portion of your security deposit when he:

Does not properly put your deposit in a separate bank account or give you the required receipt;
Does not give you an itemized list of damages within 30 days after you move out;
Has terms in your lease which are against the security deposit law, and tries to enforce them or get you to give up any of your rights;
Does not properly transfer your deposit to a new owner; or
Does not return your deposit or any balance owed you, with interest, within 30 days of the tenancy’s termination.

Even if the damage is real, the landlord is not allowed to keep any part of your deposit unless he documents it within 30 days and with written proof.

Read this article for more information about what security deposits can be used for.