Guides

When a Landlord Does Not Return the Security Deposit

By State Law Lookup · Published October 20, 2026

Drawing of a rental door with a key and a wall calendar

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:

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

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.

Look up a state. Pick a state to see its small claims limit and security deposit rules, each with the section cited. Open the lookup.