Find out what can be deducted from security deposits, time frames for returning them to former tenants, and the consequences when security deposit return laws aren’t met.
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alaska
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connecticut
D.C.
delaware
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idaho
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new hampshire
new jersey
new mexico
new york
north carolina
north dakota
ohio
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oregon
pennsylvania
rhode island
south carolina
south dakota
tennessee
texas
utah
vermont
virginia
washington
west virginia
wisconsin
wyoming
What Can a Landlord Deduct from a Security Deposit?
Landlords in all states can make deductions from security deposits for unpaid rent and damage to the rental unit excluding normal wear and tear. Depending on the state, landlords can make deductions for other costs such as carpet cleaning and costs due to a breach of the lease agreement.
What is Considered Normal Wear and Tear?
Normal wear and tear is deterioration that occurs naturally as a result of the tenant using the property as it was designed to be used. Common examples include:
- Faded paint and carpet
- Light scratches on glass and mirrors
- Small nail holes on walls
How Long Does a Landlord Have to Return a Security Deposit?
The time to return a security deposit varies by state, but is typically two to four weeks after the tenant moves out.
| State | Deadline to Return |
|---|---|
| Alabama | 60 days |
| Alaska | 14 days: without deductions for damages 30 days: with deductions for damages |
| Arizona | 14 business days |
| Arkansas | 60 days |
| California | 21 days |
| Colorado | 1 month (72 hours in hazardous situations) |
| Connecticut | 15 days after the tenant provides their address or 21 days after the lease ends, whichever is later |
| Delaware | 20 days |
| Florida | 15 days: if no deductions Up to 60 days: with deductions |
| Georgia | 30 days |
| Hawaii | 14 days |
| Idaho | 21 days |
| Illinois | 30 days: with deductions 45 days: if no deductions |
| Indiana | 45 days |
| Iowa | 30 days |
| Kansas | 14 days |
| Kentucky | No statutory deadline |
| Louisiana | 1 month |
| Maine | 30 days: if lease agreement is written 21 days: in a tenancy-at-will |
| Maryland | 45 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Minnesota | 21 days (or 5 days after condemnation) |
| Mississippi | 45 days |
| Missouri | 30 days |
| Montana | 10 days: if no deductions 30 days: with deductions Indefinite period subject to court order: if the landlord has certain pending lawsuits against the tenant |
| Nebraska | 14 days |
| Nevada | 30 days (except 21 days for mobile homes) |
| New Hampshire | 30 days |
| New Jersey | 30 days (with exceptions for domestic violence, fire, flood, condemnation, or evacuation) |
| New Mexico | 30 days |
| New York | 14 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Oklahoma | 45 days |
| Oregon | 31 days (except 14 days if unit deemed unsafe) |
| Pennsylvania | 30 days |
| Rhode Island | 20 days |
| South Carolina | 30 days |
| South Dakota | 14 days |
| Tennessee | No statutory deadline |
| Texas | 30 days |
| Utah | 30 days |
| Vermont | 14 days |
| Virginia | 45 days |
| Washington | 30 days |
| Washington D.C. | 45 days; if no deductions Up to 75 days: with deductions |
| West Virginia | 45 days after the next tenant moves in or 60 days after the lease ends, whichever is earlier |
| Wisconsin | 21 days |
| Wyoming | 15 days after the tenant provides an address or 30 days after the lease ends, whichever is later (+30 days if deductions are made for damage) |
What Are the Consequences for Not Returning a Security Deposit on Time?
Neglecting the security deposit return laws, even if by accident, often carry penalties two to three times the amount of the security deposit.
| State | Maximum Penalty |
|---|---|
| Alabama | 2x deposit |
| Alaska | 2x amount due + court costs + attorneys’ fees |
| Arizona | 3x amount due |
| Arkansas | 2x amount due + court costs + attorneys’ fees |
| California | Unintentional: amount of deposit Bad faith: 2x deposit + amount due |
| Colorado | 3x amount due + court costs + attorneys’ fees |
| Connecticut | 2x deposit + court costs |
| Delaware | 2x amount due + court costs |
| Florida | Amount due + court costs + attorneys’ fees |
| Georgia | Unintentional: amount due Bad faith: 3x amount due + attorneys’ fees |
| Hawaii | Unintentional: amount due Bad faith: deposit + 3x amount due + court costs |
| Idaho | 3x deposit or attorneys’ fees + court costs |
| Illinois | Unintentional: actual damages Bad faith: 2x deposit + amount due + court costs + attorneys’ fees |
| Indiana | Deposit + court costs + attorneys’ fees |
| Iowa | Deposit + 2x monthly rent + actual damages + attorneys’ fees |
| Kansas | 1½x amount due |
| Kentucky | Amount due |
| Louisiana | Amount due + 2x amount due or $300 (whichever is greater) + court costs + attorneys’ fees |
| Maine | 2x amount due + court costs + attorneys’ fees |
| Maryland | 4x amount due + attorneys’ fees |
| Massachusetts | 3x amount due + 5% interest + court costs + attorneys’ fees |
| Michigan | 2x amount due |
| Minnesota | Unintentional: 2x amount due Bad faith: 2x amount due + $500 |
| Mississippi | $200 + actual damages |
| Missouri | 2x amount due |
| Montana | 2x amount due + court costs + attorneys’ fees |
| Nebraska | Unintentional: Amount due + court costs + attorneys’ fees Bad faith: Amount due + 1 month’s rent or 2x deposit (whichever is less) + court costs + attorneys’ fees |
| Nevada | 2x deposit |
| New Hampshire | 2x amount due |
| New Jersey | 2x amount due + court costs + attorneys’ fees |
| New Mexico | Deposit + $250 + court costs + attorneys’ fees |
| New York | Unintentional: actual damages Bad faith: 2x deposit + amount due |
| North Carolina | Unintentional: amount due + attorneys’ fees Bad faith: full deposit + attorneys’ fees |
| North Dakota | 3x amount due + court costs |
| Ohio | 2x amount due + attorneys’ fees |
| Oklahoma | Amount due + court costs + attorneys’ fees |
| Oregon | 2x amount due + court costs + attorneys’ fees |
| Pennsylvania | 2x amount due |
| Rhode Island | 2x deposit + attorneys’ fees |
| South Carolina | 3x amount due + attorneys’ fees |
| South Dakota | Deposit + $200 + court costs |
| Tennessee | No statute |
| Texas | 3x amount due + $100 + attorneys’ fees |
| Utah | Deposit + $100 |
| Vermont | Unintentional: full deposit Bad faith: 2x deposit + court costs + attorneys’ fees |
| Virginia | Amount due + damages + attorneys’ fees |
| Washington | Unintentional: deposit + court costs + attorneys’ fees Bad faith: 2x deposit + court costs + attorneys’ fees |
| Washington D.C. | 3x deposit + interest + court costs |
| West Virginia | 2½x amount due + court costs |
| Wisconsin | 2x amount due + court costs + attorneys’ fees |
| Wyoming | Deposit + court costs |
Sources
- 1 Conn. Gen. Stat. § 47a-21(d)(2)
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Upon termination of a tenancy, any tenant may notify the landlord in writing of such tenant’s forwarding address. Not later than twenty-one days after termination of a tenancy or fifteen days after receiving written notification of such tenant’s forwarding address, whichever is later, each landlord other than a rent receiver shall deliver to the tenant or former tenant at such forwarding address either (A) the full amount of the security deposit paid by such tenant plus accrued interest, or (B) the balance of such security deposit and accrued interest after deduction for any damages suffered by such landlord by reason of such tenant’s failure to comply with such tenant’s obligations, together with a written statement itemizing the nature and amount of such damages. Any landlord who violates any provision of this subsection shall be liable for twice the amount of any security deposit paid by such tenant, except that, if the only violation is the failure to deliver the accrued interest, such landlord shall be liable for ten dollars or twice the amount of the accrued interest, whichever is greater.
- 2 Mont. Code § 70-25-202(2)
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This section [relating to security deposit return timelines] does not apply if a rental agreement is terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim for actual damages filed in court.
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