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FACTSHEETS - Security Deposit FAQ
From the Nolo.com Landlords & Tenants CenterAnswers to frequently asked questions about putting your money down and getting it back.
How much security deposit can a landlord charge?
All states allow landlords to collect a security deposit when the tenant moves in; the general purpose is to assure that the tenant pays rent when due and keeps the rental unit in good condition. Half the states limit the amount landlords can charge, usually not more than a month or two worth of rent -- the exact amount depends on the state.
Many states require landlords to put deposits in a separate account and some require landlords to pay tenants the interest on deposits.What are the rules for returning security deposits?
The rules vary from state to state, but landlords usually have a set amount of time in which to return deposits, usually 14 to 30 days after the tenant moves out -- either voluntarily or by eviction.
Landlords may normally make certain deductions from a tenant's security deposit, provided they do it correctly and for an allowable reason. Many states require landlords to provide a written itemized accounting of deductions for unpaid rent and for repairs for damages that go beyond normal wear and tear, together with payment for any deposit balance.A tenant may sue a landlord who fails to return his or her deposit when and how required, or who violates other provisions of security deposit laws such as interest requirements; often these lawsuits may be brought in small claims court. If the landlord has intentionally and flagrantly violated the law, in some states, a tenant may recover the entire deposit -- sometimes even two or three times this amount -- plus attorneys' fees and other damages.
The rules for the keeping and return of security deposits can be found in your state's landlord-tenant statutes. In the State of California, the deadline for Landlords toItemize dn Return Security Deposits is three weeks.
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The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.
Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.