Getting Your Security Deposit Back
When you move out of a rented home, your landlord must give you back your deposit or explain why they are keeping it.
What the landlord can keep
Your landlord can use your deposit to pay for:
- Rent you didn't pay
- Damage you caused (more than just normal wear and tear)
- Cleaning
- Other things you agreed to in your lease
If the landlord keeps any of your deposit, they must tell you why in writing, giving details for item they charge you for.
When you get your money back
Your landlord must give you your deposit within 30 days after you move out. They should send it to your new address. Make sure to tell your landlord where you moved.
In addition to your deposit, your landlord must provide:
- the balance of any prepaid rent, and
- a written notice itemizing and explaining any deductions the from the deposit or prepaid rent.
If the landlord does not follow the rules
If you do not get your deposit back after 30 days, you can send the landlord a special note, called a Tenant's Notice to Provide Deposit Disposition. This Notice asks them to give you your deposit. It is avaialble in the Forms section below.
How to send the Tenant's Notice to Provide Deposit Disposition
You can send the Tenant's Notice to Provide Deposit Desposition to the landlord's address provided in your lease. Send it by either:
- by delivering a copy to the owner (or their agent) personally;
- if the owner or the owner's agent is not there, you can leave a copy with a responsible adult; or
- taping it to the door; or
- sending it via certified mail.
If the landlord does not respond to the Tenant's Notice to Provide Deposit Disposition
If your landlord does not respond to you within 5 days you can sue them in small claims court. You could get:
- your full deposit back
- any rent you paid ahead of time
- An extra $100.
- Money to pay your lawyere if thee court finds your landlord landlord acted in bad faith.
See our Small Claims page for details on how to start a case.
Forms
- 1381XX