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Security deposit not returned: what your state says
Security deposits are governed by state law, and sometimes by city or county rules. Most states give the landlord a fixed number of days after you move out to return the deposit or send an itemized list of deductions, and some impose penalties when the landlord doesn't. Here are five large states.
Deadlines and penalties
| State | Deadline after move-out | If the landlord doesn't comply |
|---|---|---|
| California | 21 days, with an itemized statement | Bad-faith retention: up to twice the deposit in addition to the amount owed |
| New York | 14 days, with an itemized statement | Landlord loses the right to keep any part of the deposit; willful violation: up to twice the deposit |
| Texas | 30 days (you must give a forwarding address in writing) | Bad faith: $100 plus three times the amount wrongfully withheld, plus attorney's fees |
| Florida | 15 days if no deduction; otherwise written notice of claim within 30 days | Without timely notice, the landlord forfeits the right to make a claim on the deposit |
| Illinois | Itemized statement within 30 days, return within 45 days | Twice the deposit, plus court costs and attorney's fees |
Other states have their own deadlines, often between 14 and 60 days. Some cities (for example in Illinois: Chicago, Evanston, Oak Park, and Cook County) have additional rules. Check your state's official tenant guide.
What can be deducted
- Unpaid rent.
- Damage beyond normal wear and tear, and cleaning needed to return the unit to its move-in condition, as allowed by state law.
Normal wear and tear, such as faded paint or carpet worn by ordinary use, generally can't be charged to you.
How to get it back
- Give your forwarding address in writing (required in some states, useful in all).
- Once the deadline has passed, send a demand letter by certified mail citing your state's law and setting a short deadline.
- If nothing happens, file in small claims court, which handles most deposit disputes without a lawyer.
Sources: California Courts self-help (Civil Code § 1950.5) · New York General Obligations Law § 7-108 · Texas Property Code ch. 92 · Florida Statutes § 83.49 · 765 ILCS 710. Updated November 1, 2026. General information, not legal advice; check the current law and any local rules.
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Recours calculates the date and drafts the demand letter to your landlord.
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