How Much Can Be Charged?
- Maximum allowed: One month’s rent
- No additional fees (cleaning, pet, etc.) can be charged as part of the deposit
- If the property is sold, the security deposit must be transferred to the new owner within 5 days, or returned to the tenant for them to transfer.
What Can a Landlord Deduct?
- Unpaid rent or utility bills
- Damage beyond normal wear and tear
- Moving and storage of tenant’s belongings (if abandoned)
- Lost income from a lease break (if the unit remains vacant and no replacement tenant is found)
❗ Normal wear and tear includes things like faded paint, minor scuffs, or worn carpet. Holes in walls, broken appliances, or extensive filth are considered damage.
Return Timeline & Tenant Protections
For Leases Ending After July 14, 2019:
- Landlord must offer a pre-move-in inspection with a written checklist.
- Upon move-out, landlord must:
- Provide a 14-day written statement listing deductions.
- Return the remaining deposit within 14 days of move-out.
For Leases Ending Before July 14, 2019:
- Landlords must return the deposit within a “reasonable time” (usually 30 days).
- Emergency moves due to code violations or safety concerns should trigger immediate return of the deposit.
If the landlord fails to do this, they forfeit their right to keep any portion of the deposit. Tenant may sue for double the deposit as punitive damages.
Move-Out Best Practices
- Leave the unit “broom clean”
- Take photos of every room and fixture before leaving
- Keep copies of written communication with the landlord
- Ask for a walk-through and checklist, if not offered
Documentation Best Practices
- Before you move in
- While living in the apartment
- As you move out
Good records = strong protection.
When There’s a Dispute
1. Try to Resolve Informally
Speak or write to your landlord. Keep records of all contact.
2. Prepare for Small Claims Court (If Needed)
If the deposit isn’t returned properly, tenants may file a claim (up to $5,000) in Small Claims Court.
See Small Claims Court Process for details on how to file.
Bring to court: Photos and videos of the apartment before and after, move-in/move-out checklists, witness statements, receipts, repair requests, and/or code enforcement reports
3. What Landlords Must Prove
If the landlord claims damage, they must show:
- Photos
- Receipts or estimates
- Evidence that damage exceeds normal wear and tear
⚠️ Important Note: Bring printed copies — cell phone photos/videos are not accepted as evidence by all judges. The burden of proof is on the tenant to disprove the landlord’s claims.📝 Best Advice: Document Everything