When a Landlord Does Not Return the Security Deposit
When a tenancy ends, state law gives the landlord a fixed time to return the security deposit or send a written list of deductions. Missing that deadline has consequences under most statutes, and the deposit is one of the most common claims in small claims court. This guide shows how the deadlines work using the statutes verified on this site. It is general information, not advice about a specific tenancy.
Step 1: find the deadline and what starts it
The security deposit table lists 44 verified jurisdictions. Deadlines run from 14 to 60 days, with a median of 30. The clock does not always start on the move-out day:
- New York: 14 days, counted after the tenant vacates (N.Y. Gen. Oblig. Law § 7-108(1-a)(a), (e)).
- Florida: 15 days to return the deposit if no claim is made, and 30 days to send notice of a claim (Fla. Stat. § 83.49(3)(a)).
- Virginia: 45 days, counted from the termination date or the tenant's move-out, whichever is later (Va. Code § 55.1-1226).
- West Virginia: the shorter of 60 days after the tenancy ends or 45 days after a new tenant moves in (W. Va. Code §§ 37-6A-1(7), 37-6A-2).
Step 2: turn it into a date
Worked examples for a tenancy that ended on November 30, 2026:
| State | Deadline | Due by |
|---|---|---|
| New York | 14 days | December 14, 2026 |
| Florida (no claim) | 15 days | December 15, 2026 |
| Massachusetts | 30 days | December 30, 2026 |
| Virginia | 45 days | January 14, 2027 |
The lookup does the same for any verified state and any date.
Step 3: check the amount against the cap
A deposit above the statutory cap is a separate issue from a late return. 27 of the verified jurisdictions cap deposits. Worked example: on $1,500 rent, New York allows at most $1,500 and Virginia at most $3,000; Florida sets no cap.
Step 4: ask in writing, then consider small claims
A written request with a forwarding address is the usual first step, and in some states it starts or affects the clock (see writing a demand letter). If the deposit is still not returned, small claims court is the common route. In New York City the limit is $10,000; New Jersey's court FAQ says its $5,000 small claims limit applies to deposit cases too. Each state deposit page shows the rent level at which a full-deposit claim fits under that state's limit.
Sources
- New York State Senate, General Obligations Law § 7-108; The Florida Senate, Fla. Stat. § 83.49 (2025); Code of Virginia, § 55.1-1226; Massachusetts Legislature, G.L. c. 186 § 15B; West Virginia Legislature, Code § 37-6A-1, West Virginia Legislature, Code § 37-6A-2.
- New Jersey Courts, Small Claims FAQ (form 11482); New York State Unified Court System, NYC Small Claims Court. All checked October 21, 2026.
Questions
How long does a landlord have to return a deposit?
It depends on the state, and the verified statutes differ widely. Each state page quotes the exact deadline and what starts it.
Where are deposit disputes usually decided?
Often in small claims court, as long as the amount is within the state's limit. New Jersey's court FAQ says its small claims limit applies to deposit cases as well.
Does this site say what penalties apply?
No. Many statutes add penalties for wrongful withholding, but this site has verified only caps and deadlines so far.