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LawyerLand › Legal Glossary

Security Deposit

Money a tenant leaves with a landlord against damage or unpaid rent - held under state rules that usually require an itemized accounting within a fixed period after move-out.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of law firms for this.

What it means

A security deposit remains the tenant's money held by the landlord for a limited purpose. Nearly every state regulates it, and the rules commonly cover how much may be collected, whether it must be held in a separate or interest-bearing account, and what it may be applied to - typically unpaid rent and damage beyond ordinary wear and tear, but not the ordinary consequences of someone having lived there.

The provision that decides most disputes is the accounting deadline. States generally require the landlord, within a set period after the tenancy ends, to return the deposit or provide an itemized written statement of what was withheld and why. Missing that deadline can forfeit the right to withhold anything at all, and a number of states add a penalty - sometimes a multiple of the deposit - where the failure is wrongful.

The recurring fight is the line between damage and wear and tear. Documented condition at move-in and move-out is what resolves it, and its absence is why so many of these disputes come down to two competing recollections.

Where this comes from

Security deposits are governed by state - and sometimes municipal - landlord-tenant law, and there is no federal statute on the subject. Deposit caps, holding and interest requirements, the length of the accounting deadline and the penalty for wrongful withholding all differ by jurisdiction, and local ordinances in some cities are more protective than the state rule.

When people hire a lawyer for this

These claims are usually small enough for small-claims court, so the useful advice is often about the deadline and the paperwork rather than about litigation. It is worth asking when a deposit is withheld without an itemized statement, when the amounts charged look like ordinary wear, or when the sum is large - and worth knowing that a landlord who misses the statutory deadline may have lost the ability to withhold regardless of the condition of the property.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find a lawyer for this in your state

Choose your state to see Landlord-Tenant law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Real Estate” has no Landlord-Tenant listing yet and opens the broader page.

  • Alabama (Birmingham)
    +1 other city
    • Montgomery
  • Alaska (Anchorage)
  • Arizona (Chandler)
    +6 other cities
    • Gilbert
    • Glendale
    • Mesa
    • Phoenix
    • Scottsdale
    • Tucson
  • Arkansas (Little Rock)
  • California (Long Beach)
    +19 other cities
    • Anaheim
    • Chula Vista
    • Fontana
    • Fremont
    • Irvine
    • Los Angeles
    • Modesto
    • Riverside
    • Sacramento
    • San Diego
    • Santa Ana
    • Stockton
    • and 7 more with fewer listed firms
  • Colorado (Aurora)
    +2 other cities
    • Colorado Springs
    • Denver
  • Connecticut (Bridgeport)
  • Delaware (Wilmington)
  • District of Columbia (Washington)
  • Florida (Hialeah)
    +5 other cities
    • Jacksonville
    • Miami
    • Orlando
    • St Petersburg
    • Tampa
  • Georgia (Atlanta)
  • Hawaii (Honolulu, Real Estate)
  • Idaho (Boise)
  • Illinois (Chicago)
  • Indiana (Fort Wayne)
    +1 other city
    • Indianapolis
  • Iowa (Des Moines)
  • Kansas (Wichita)
  • Kentucky (Lexington)
    +1 other city
    • Louisville
  • Louisiana (Baton Rouge)
    +2 other cities
    • New Orleans
    • Shreveport
  • Maine (Portland)
  • Maryland (Baltimore)
  • Massachusetts (Boston)
  • Michigan (Detroit)
  • Minnesota (Minneapolis)
    +1 other city
    • Saint Paul
  • Mississippi (Jackson)
  • Missouri (Kansas City)
    +1 other city
    • St. Louis
  • Montana (Billings, Real Estate)
  • Nebraska (Lincoln)
    +1 other city
    • Omaha
  • Nevada (Henderson)
    +3 other cities
    • Las Vegas
    • North Las Vegas
    • Reno
  • New Hampshire (Manchester)
  • New Jersey (Jersey City)
    +1 other city
    • Newark
  • New Mexico (Albuquerque)
  • New York (New York City)
    +2 other cities
    • Buffalo
    • Rochester
  • North Carolina (Charlotte)
    +5 other cities
    • Durham
    • Fayetteville
    • Greensboro
    • Raleigh
    • Winston-Salem
  • North Dakota (Fargo, Real Estate)
  • Ohio (Cincinnati)
    +3 other cities
    • Cleveland
    • Columbus
    • Toledo
  • Oklahoma (Oklahoma City)
    +1 other city
    • Tulsa
  • Oregon (Portland)
  • Pennsylvania (Philadelphia)
    +1 other city
    • Pittsburgh
  • Rhode Island (Providence)
  • South Carolina (Columbia)
  • South Dakota (Sioux Falls)
  • Tennessee (Nashville)
    +1 other city
    • Memphis
  • Texas (Arlington)
    +11 other cities
    • Austin
    • Corpus Christi
    • Dallas
    • El Paso
    • Fort Worth
    • Garland
    • Houston
    • Irving
    • Laredo
    • Plano
    • San Antonio
  • Utah (Salt Lake City)
  • Vermont (Burlington)
  • Virginia (Richmond)
    +3 other cities
    • Chesapeake
    • Norfolk
    • Virginia Beach
  • Washington (Seattle)
    +2 other cities
    • Spokane
    • Tacoma
  • West Virginia (Charleston)
  • Wisconsin (Madison)
    +1 other city
    • Milwaukee
  • Wyoming (Cheyenne)

Related terms

Other entries in the same area of law, each written from the same primary sources.

  • Adverse PossessionThe doctrine by which a person who occupies land they do not own, openly and continuously for the period the state sets, becomes its owner - the elements, the "color of title" and tax-payment variations, and why it decides fence and driveway disputes far more often than it transfers whole parcels.
  • Deed Types: Warranty, Special Warranty and QuitclaimWhat the different forms of deed promise about the title they convey - the general warranty deed's guarantee against every defect, the special warranty deed's narrower one, and the quitclaim deed's none - and what each is used for.
  • EasementA legal right to use someone else's land for a defined purpose, without owning it.
  • Eviction (Unlawful Detainer)The court process a landlord must use to make a tenant leave - and in most states, the only lawful way to do it.
  • Foreclosure (Judicial and Non-Judicial)The process by which a mortgage lender takes and sells a home after default - the court-supervised route some states require and the trustee's sale others permit, the federal servicing rules that must be followed first, the loss-mitigation alternatives, and what the borrower can still owe or reclaim after the sale.
  • HOA Covenants and Assessment LiensThe recorded restrictions that bind every owner in a planned community or condominium, the association that enforces them, and the assessment lien that lets it foreclose on a home for unpaid dues - what the documents control, how they are amended and enforced, and the limits the states have placed on association power.
  • Homeowners Insurance ClaimHow a property loss claim actually works - what the policy covers, the duties it imposes on you, and where claims most often fail.
  • Implied Warranty of HabitabilityA landlord's obligation to keep a rented home fit to live in - one the lease usually cannot sign away.
  • Mechanic's Lien (Construction Lien)The statutory lien a contractor, subcontractor, supplier or laborer may record against a property for unpaid work or materials - the preliminary notices and filing deadlines that make or break it, why an owner who paid the general contractor can still face a subcontractor's lien, and how the lien is enforced or released.
  • Purchase Contract ContingenciesThe conditions in a home-purchase agreement that let a buyer walk away with the deposit - inspection, financing, appraisal, sale of the buyer's current home, title - how each is exercised and waived, and what happens to the earnest money when the deal fails.
  • Quiet Title ActionThe lawsuit that asks a court to declare who owns a property and to remove a competing claim from the record - used to clear an old mortgage never released, a break in the chain of title, a tax-sale or adverse-possession claim, or a deed that should never have been recorded.
  • Seller Disclosure DutiesWhat a seller of a home must tell a buyer about the property - known material defects, water intrusion, structural and system problems, and under federal law lead-based paint - the state disclosure forms, the "as is" sale, and what a buyer can do when a problem was concealed.
  • Title Search and Title InsuranceThe examination of public records that establishes who owns a property and what claims stand against it, and the insurance policy that pays if that examination missed something - who is protected by the lender's policy, who by the owner's, and what neither covers.
  • Transfer-on-Death DeedA recorded deed that leaves a house to someone at death while changing nothing during life - available in many states, and not all.

« All glossary terms

Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.
If you cannot afford a lawyer, civil legal aid programs provide free help with many of these problems: civil legal aid programs by state.
Related free reference tools: statute of limitations for a personal-injury claim, by state, quoted from each state's official text - part of LawyerLand's legal reference tools.
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