Leif Adamec Rydenfalk
Your landlord kept the deposit
Most deductions I see are for normal wear: paint touch-ups after years in the place, nail holes, worn carpet. In most US states the landlord can't charge you for that, and the law gives you deadlines that work in your favour if you move first.
This page covers the US, state by state. In Sweden deposits are rarer and disputes go to the Hyresnämnden (rent tribunal) instead. This is what I'd do, in order. I'm not a lawyer, and if you'd rather not deal with it, send it to me.
First, check your clock
Some states give you only a few days to answer the landlord's list of deductions. Miss it and you can lose the right to dispute. Find the date the itemized list reached you, then look up your state below.
| Michigan | Landlord sends an itemized list within 30 days. You must answer it in writing, by mail, within 7 days of getting it. Then the landlord has to take you to court within 45 days to keep the money (MCL 554.609, 554.610, 554.613). |
|---|---|
| California | Deposit back, or an itemized statement with receipts, within 21 days of move-out. Kept in bad faith: up to twice the deposit on top (Civil Code 1950.5). |
| Texas | Refund or list within 30 days after you give a forwarding address in writing. Bad faith: $100 plus three times what was wrongly kept, plus fees (Property Code 92.103, 92.107, 92.109). |
| New York | Itemized statement within 14 days of move-out. Without it the landlord loses the right to keep any of it (General Obligations Law 7-108). |
| Florida | Landlord must send a claim by certified mail within 30 days. You have 15 days to object in writing (Statutes 83.49). |
Other state: search "[your state] security deposit statute". The rule you're looking for is the number of days and what happens when the landlord misses it.
Wear and tear is not damage
The line courts draw is between what happens to any home from living in it and what happens from misuse.
| Wear (they pay) | Faded or scuffed paint, small nail holes from pictures, carpet worn on the walkways, loose door handles, sun-faded blinds, minor scratches on floors. The longer you lived there, the more of this is expected. |
|---|---|
| Damage (you may pay) | Large holes in walls, burns, pet stains or chewed trim, broken windows or fixtures, paint in a colour you chose without asking. |
Even for real damage they can only charge what it costs to fix, minus the age of the thing. Six-year-old carpet has little value left, so a full replacement charge rarely holds.
The letter that gets it back
- Say you dispute it. Name every deduction you disagree with and the amount.
- Say why, one line each. "Paint touch-up after three years is normal wear and tear." Quote your state's rule.
- Ask for a number by a date. The amount you want back within 14 days, and how to pay it.
- Send it so you can prove it. Certified mail with return receipt, plus an email copy the same day. Keep both.
- Collect your proof now. Lease, move-in checklist or photos, texts or emails about the cleaning, receipts, and a record of paying rent on time. No move-out photos is common and not fatal: the landlord has to prove the damage.
Most property managers pay at this point. Going to court over touch-up paint costs them more than they keep.
If they ignore it: small claims
Small claims court is built for this. No lawyer needed, filing fees are usually $30 to $100, and many states let you ask for the penalty amounts above on top of the deposit. Bring the letter, the proof of sending, and the list.
Or hand it to me
Send me the landlord's list, your lease and the dates. I write the letter for your state, you sign and send it, and I stay on it until there's an answer. You get a fixed price before I start.
