Disputing Security Deposit Deductions

Your landlord does not return your security deposit, or does not return as much as you think you're entitled to--do you have any recourse?

Yes--landlords may ONLY keep security deposits for certain defined and documentable reasons. You can make your landlord document why he or she kept it--and if you disagree, you can sue.

When Are Landlords Entitled to Keep Security Deposits

There are only three reasons why a landlord may retain your security deposit in whole or in part (i.e. only three reasons they may make deductions from your security deposit):

• To repair specific damage done to the premises or its furnishing/appliances by you, your family, or your guests
• For "extraordinary" cleaning, which is really a subcategory of repairs--e.g. things like removing pet stains from carpet or motor oil that you somehow got on the coach that came with a furnished apartment
• For unpaid rent--which means that if you don't pay the last month's rent, for example, the landlord may take it out of your deposit

That's it: these are the only reasons why landlords may make deductions from security deposits.

When Landlords CAN'T Take Deductions from Your Security Deposit

Landlords cannot take money from your security deposit to pay for:

• Routine maintenance, or fixing the usual "wear and tear" that comes from people living in a space
• Routine cleaning, such as the usual end-of-lease clean-up before the next tenant
• Routine painting, such as touching up or freshening the paint (though note: if your child drew on the walls in permanent marker, painting over that would be an allowable repair)
• The cost of advertising to re-rent the apartment

What Landlords Need to Do When They Deduct from Your Security Deposit

Landlords need to be able to justify deductions. For example, they need to be able to provide receipts for repairs (parts and labor) or show via a tenant ledger that you did not pay rent. The charges they make must also be reasonable, which may involve getting multiple quotes for larger repairs. You can't be charged $2,000 to patch one hole in drywall, for example.

What You Can Do

You can ask for the back-up justifying the deductions (receipts, invoices, etc.). If you don't get them or don't agree with what you were charged, you can sue your landlord to recover your security deposit. Some states, such as New Jersey, even allow you to recover extra damages, such as  getting back double whatever the landlord improperly withheld.

How an Attorney Can Help

A lawyer will know your state's laws--how long the landlord has to return a deposit, whether he owes you interest on it, too, whether you are eligible for extra recovery if the landlord violated your rights, etc. If you end up having to sue the landlord, a lawyer's help will be invaluable.