This toolkit explains the process of getting your security deposit back from a landlord. For general information about security deposits, read the Articles. Read the Common Questions if you have a specific question. If you need to draft a letter to your landlord, use the Forms link to prepare it. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
A security deposit is money you give your landlord when you move in that must be given back to you at the end of the lease, unless your landlord has a good reason not to. Some good reasons for your landlord to keep it are:
- You haven’t paid all your rent;
- You haven’t paid all your utilities and your landlord has to pay them so the next tenant can have utilities; or
- You’ve damaged the home beyond normal wear and tear.
Any refundable money you give the landlord is a part of the security deposit, no matter what your landlord calls it. If money given to the landlord is not refundable, it’s a fee.
So, if you pay money that you’ll be given back if your dog Fido doesn’t do any damage, it’s part of the deposit. If you pay a pet fee that your landlord gets to keep no matter how well Fido behaves, it’s a fee.
The security deposit can be up to one-and-a-half times the monthly rent.
For example, if you pay $500 a month in rent, the landlord cannot ask for more than $750 as a deposit. This is true no matter what the deposit money is called. If your landlord wants the last month’s rent plus a security deposit, the total amount you pay can’t come to more than one-and-a-half (1½) times your monthly rent.