What is a security deposit?

A security deposit is money that you give your landlord when you move in.

Your landlord can use the deposit to cover any unpaid rent or damages.

If there is no damage or unpaid rent when you move out, your landlord should give your security deposit back to you.

You may not use your security deposit to cover your last month's rent unless your landlord agrees.

Read all of the questions and answers to get important information about security deposits.  

There may be limits on security deposits for subsidized tenants. There are no limits for unsubsidized tenants. However, if your landlord has asked you for a security deposit that is unusually large, he may be unlawfully discriminating against you because of your race or for other reasons. If you think this is the case, talk to an attorney or call the Greater New Orleans Fair Housing Action Center.

Yes, unless you owe rent or damaged your apartment. Your landlord may deduct those costs from your deposit. He may also be able to keep your deposit if you did not give him proper notice before you moved out.

You can sue him if you disagree with the amount of money the landlord takes out of your deposit or if the landlord will not return your deposit.

There are steps you can take to help protect your right to get back your deposit, talked about in other questions and answers on this page.

No. Your landlord cannot keep your security deposit for "normal wear and tear."                                                                  

Examples of "normal wear and tear" are:

• a worn carpet;
• worn finish on wood floors;
• faded or dingy paint;
• small holes in screens.

The landlord may deduct the cost of fixing damage to the property that is more than "normal wear and tear."

Examples of things that are not normal wear and tear:

• broken windows;
• holes in the walls;
• leaving trash that has to be thrown away;
• leaving your apartment dirty.

If your apartment is damaged by a storm, fire or vandal, tell your landlord right away. The landlord cannot charge you for repairs if you, your family or guests did not cause the damage.

You have to give your landlord the right notice that you are moving out to protect your right to get back your security deposit. 

A month-to-month tenant must give the landlord a 10-day written notice before the end of the current rental month if there is no agreement as to the amount of notice.

If you have a written lease or other agreement, read it to see what kind of notice you must give before moving out.

Generally, you will lose your right to your security deposit if you do not give the right notice. Your landlord may also try to charge you for time after you move.

Other questions and answers on this page have more information about what kind of notice you have to give your landlord.  

When does my landlord have to return my security deposit?

The landlord gets one month after you move out to do one of two things: (1) return your deposit or (2) send you a letter telling you why the landlord is not giving back all or part of your deposit. 

So, within one (1) month after moving out, the landlord should either give you your money back or you should have a statement from the landlord explaining why the landlord is keeping all or part of the money.

If the landlord sends a statement, this letter has to be "itemized." That means the landlord has to list the specific things covered by the money the landlord is keeping. 

To help protect your right to get your deposit back, when you terminate (end) your lease you must give your landlord the right kind of notice that you are moving out.

You must also give your landlord a forwarding address where the landlord can send you your deposit or an itemized statement saying why you are not getting some or all of the money back. 

Keep in mind that if you owe your landlord money, the landlord might bring a claim for the money you owe the landlord to counter your claim for the deposit.

So, if you owe the landlord more money than the landlord owes you, suing the landlord may not be a good idea.

On the other hand, if the landlord sues you, you may be able to counterclaim for the return of your deposit and for any other money the landlord owes you. 

If your building is sold during your lease, your landlord must give your security deposit to the new owner.

When the lease ends, the new owner is responsible for the return of your deposit.

If your landlord does not transfer your deposit to the new owner, the landlord may have to return your deposit to you.

Follow these tips and you will have a better chance of getting your security deposit back when you move out.

Before or when you move in:

• Get a payment receipt for your security deposit and keep it.
• When you move in, make a list of defects or things that are wrong with the apartment and get your landlord to sign it.

When you are ready to move out:

•  Give your landlord the right kind of advance notice in writing of your plan to move out. If you have a lease, read it to find out how you have to give notice before moving out. Keep a copy of the notice and proof of how you sent it for your records, including any proof of mailing.
• Return keys on time and to the right person.
• Make sure your rent is paid and up to date before you leave.
• Make sure your apartment is clean when you move out. Take pictures of the apartment, make notes about what is right and what is wrong with the apartment when you leave.
• Have a friend or relative look over the apartment just before you move out. He can be a witness in case you have to go to court to get your deposit back.
• Leave the apartment clean and throw out all trash.
• Ask the landlord to return your deposit. Send a letter asking your landlord to return your deposit, and be sure the letter has the address where the landlord should send the deposit to you. Keep a copy of the letter and proof of how you sent it, including any proof of mailing. (Make sure you read the other sections of this question and answer page for other important information.)

What can I do to get my security deposit back?

Read all of the steps below to find out what you can do to try to get your security deposit back.

STEP 1

Give your landlord the right kind of notice that you are moving out.

Be sure you read the other sections of this question and answer page about giving notice.

Make sure the letter to the landlord has a forwarding address where the landlord can send you your deposit or a statement.

Keep a copy of the letter you send, plus proof of when and how you mailed it, for your records. 

Click here for a fill-in-the blank sample letter you can print out an complete to let the landlord know you are moving, with an address where the landlord can send your security deposit back to you.

There is an online forms program to help you fill out your letter, on a site called "Automated Documents Online." Click here for tips about using the website with the online documents. If you want to fill out your form online using the Automated Documents Online site, click here.   This link takes you to the site of Automated Documents Online. (Note: if you have problems with a "popup blocker" you may have to hold down the key marked "Ctrl" while clicking.)

STEP 2

When you move out, send a letter to your landlord to ask for your deposit.

Be sure the letter you send the landlord has an address where the landlord can send your deposit or a letter to you.

Keep a copy of your letter to the landlord, plus proof of when and how you mailed it, for your records.

Click here for a fill-in-the-blank sample letter you can print out and complete to tell the landlord you have moved out with an address where the landlord can send the deposit refund to you.

There is an online forms program to help you fill out your letter, on a site called "Automated Documents Online." Click here for tips about using the website with the online documents. If you want to fill out your form online using the Automated Documents Online site, click here. (Note: if you have problems with a "popup blocker" you may have to hold down the key marked "Ctrl" while clicking.)

STEP 3

If 30 days go by and you don't have your deposit, tell your landlord in writing that you have not received your deposit back, and that you can sue the landlord for not returning your deposit.

Keep a copy of your letter to the landlord, plus proof of when and how you mailed it, for your records.

Click here for a fill-in-the-blank sample letter you can print out and complete to tell the landlord that he or she failed to refund the deposit or give you a statement within the time period allowed by law. 

There is an online forms program to help you fill out your letter, on a site called "Automated Documents Online." Click here for tips about using the website with the online documents. If you want to fill out your form online using the Automated Documents Online site, click here. (Note: if you have problems with a "popup blocker" you may have to hold down the key marked "Ctrl" while clicking.)

STEP 4

You may have to sue your landlord to try to get your deposit back. If you can't get an attorney, you may want to sue in Small Claims Court.

Check to make sure that the amount you are suing about is not too large for Small Claims Court. 

Check with the court to see if the court has forms you can use.

In your law suit, you have to ask the court for what the law calls "actual damages" or a $200 penalty (whichever is more) and your court costs, if the landlord refused to return your deposit within 30 days of your written demand.

If you hire an attorney and win, the court can order your landlord to pay attorney fees.

It is important that you did not damage the apartment and did not  leave owing rent.  

Still, the security deposit is the tenant's property and it is the landlord's burden to show that he has good cause to keep the deposit.

If you sue, your landlord may make a claim against you for money the landlord says you owe.

See the other questions and answers on this page for more information.