What a Landlord Can Deduct From a Security Deposit

Unpaid rent, cleaning back to move-in condition, damage beyond wear — and the proof they owe you, including six states where a late statement forfeits it all.

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A landlord can deduct unpaid rent, cleaning to bring the unit back to the state you found it in, repair of damage beyond ordinary wear, and sometimes replacement of furnishings the lease covers. That list is close to universal. What varies, and what actually decides most disputes, is what they have to show you before any of it counts.

Almost every guide on this is written for landlords. The useful question from your side is not “may they?” but “can they prove it, and did they follow the procedure?” A deduction can be entirely fair and still unenforceable.

The four they can take

  • Unpaid rent, and usually unpaid utilities the lease made yours.
  • Cleaning, but only back to the condition at move-in. Not to a standard the unit never had, and not as a flat fee for existing simply because you left.
  • Repair of damage beyond ordinary wear — a burn, a broken window, a pet-stained carpet. Not faded paint, worn traffic lanes or small nail holes.
  • Replacing furnishings or fittings, where the lease listed them and the loss is not ordinary wear.

Anything outside those four does not belong on the statement. Routine repainting between tenants is the most common thing that appears there and should not: it is maintenance a landlord does anyway.

What they have to show you

This is where the state you rent in starts to matter, and where most statements fail.

RequirementWhat it means in practice
An itemized statementEach charge on its own line with its own reason. A single figure called “cleaning and repairs” is not an itemization, and in most states it is not compliance either.
Receipts or invoicesRequired outright in some states. California needs them for any single deduction over $125; Illinois requires an itemized list with receipts attached.
Their own labour, pricedWhere the landlord did the work themselves, states that require receipts generally require a description of the work, the hours and the hourly rate instead.
A deadlineBetween 14 and 60 days depending on the state, and in six it runs from something other than your move-out date.

A charge with no supporting document, in a state that requires one, is the easiest thing on the statement to challenge. Start there rather than arguing about whether the carpet was worn.

A legitimate deduction can still be unenforceable

This is the part worth knowing before you concede anything. In six jurisdictions — Colorado, Florida, Maryland, New York, South Dakota and Wisconsin — missing the deadline forfeits the landlord’s right to keep any of the deposit, for damage you genuinely caused as much as for anything else.

Maryland is explicit about the paperwork rather than just the money: no itemized list inside 45 days and the right to withhold is gone. Colorado is the same on a written statement. So the first question to ask about a deduction is not whether it is fair. It is what date it arrived, and whether it arrived at all. The deadline for all 50 states and DC gives yours, with the trigger it counts from.

How to challenge one

  1. Check the date first. If the statement was late, say so before you argue about any individual line.
  2. Separate the documented from the asserted. Charges without a receipt, in a state that requires one, are a different argument from charges you simply disagree with.
  3. Put your move-in evidence against it. Photographs, the move-in inspection form, anything dated from before you lived there.
  4. Write once, naming the statute. Then, if it goes nowhere, send a demand letter and treat small claims as the next step rather than a threat.

This page explains general rules and is not legal advice. What a landlord may deduct, and what they must document, is set by your state.

Check what your lease actually allows

Upload it and get the deposit clause, the cleaning and move-out conditions and anything the landlord listed as chargeable — quoted from your own document, so you can hold the statement against it.

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Frequently Asked Questions

Four things, in nearly every state: unpaid rent and any utilities the lease made yours, cleaning to bring the unit back to the condition it was in when you moved in, repair of damage beyond ordinary wear and tear, and replacement of furnishings the lease listed. Anything outside those four does not belong on the statement. The common one that appears and should not is routine repainting between tenants, which is maintenance a landlord does regardless of who lived there.

Generally not just for existing. Cleaning is deductible to the extent it returns the unit to the standard it had at move-in, so a charge has to correspond to work that was actually needed and actually done. A flat fee applied to every departing tenant regardless of condition is the kind of charge most states treat as unsupportable, and in states that require receipts above a threshold it is also the easiest to challenge, because there is usually nothing to attach.

In several states, yes. California requires copies of the bill, invoice or receipt for any single deduction over $125, and Illinois requires an itemized list with receipts attached. Where the landlord did the work themselves, those states generally want a description of the work, the time it took and the hourly rate instead. A charge with no document behind it, in a state that requires one, is the first thing to dispute — before arguing about whether the carpet was worn.

Then it may not matter whether it was fair. In Colorado, Florida, Maryland, New York, South Dakota and Wisconsin, missing the deadline forfeits the landlord's right to keep any of the deposit, including for damage you genuinely caused. Maryland ties it to the paperwork specifically: no itemized list within 45 days and the right to withhold is gone. So check the date on the statement before you concede any individual line on it.

Check the date first, then separate the charges that have documents from the ones that are only asserted, because those are two different arguments. Put your move-in photographs and inspection form against the rest. Then write once, naming the statute and the specific lines you dispute, and give a date for a reply. If nothing comes back, a demand letter and small claims are the next step rather than a threat to make in the first letter.