Security Deposit 101 for Tenants

FAQ

What do tenants need to know about Security Deposits?

 After a tenant moves out, a tenant generally has the right to get their security deposit back from their landlord. A landlord can only keep some or all of the security deposit if the tenant caused damage to their former home or if the tenant owes rent. The landlord cannot keep the deposit to cover regular wear and tear from ordinary daily use. A tenant must have caused the damage by acting irresponsibly for the landlord to keep the security deposit.  

The landlord must give a tenant two notices to legally keep any of their security deposit. Within forty-five days of a tenant moving out, the landlord should either return the full security deposit or provide the tenant with a written notice explaining why they are withholding some or all of it. If the landlord is withholding any amount, they must give the tenant an itemized list of the expenses they deducted within thirty days of that initial notice.  

If the landlord fails to meet these requirements, the landlord owes the entire security deposit to the tenant unless the landlord can prove otherwise. A tenant has a few options if the landlord keeps a security deposit.  

First, the tenant can try talking to their landlord or sending a demand letter asking them to comply with the law. Sometimes, this convinces the landlord to return their deposit without the need for legal action.  

Otherwise, the tenant may want to get an advocate involved, such as the Office of the Tenant Advocate (OTA), which can assist the tenant in contacting their landlord to resolve the issue. OTA can be reached at (202) 719-6560.  

Lastly a tenant can file a lawsuit, typically in Small Claims Court, to force the landlord to return the appropriate amount. For more information on this, you can contact the Consumer Law Resource Center at (202) 780-2574. 

For more  information, you can find our self-help packet by visiting lawhelp.org/dc and entering “Security Deposit” into the search bar.