Home Blog Security Deposit Dispute: Types, Legal Requirements, Steps

Security Deposit Dispute: Types, Legal Requirements, Steps

This page explains what a security deposit dispute is, its types and legal requirements, and when to consult with a lawyer from ContractsCounsel.

Jump to Section

A security deposit is an amount of money paid to a landlord by a tenant to cover any damage or losses to the rental property. It’s usually returned to a tenant at the end of a lease agreement.

Unfortunately, sometimes disputes can arise over security deposits, such as if a landlord refuses to return the deposit to the renter.

If you’re dealing with a security deposit dispute, there are important things to do so that you safeguard your interests and prevent financial losses.

Read the rest of this article to learn about common types of security deposit disputes, how to navigate them, how to prevent them, and when hiring a lawyer can help you.

What are Common Types of Security Deposit Disputes?

Security deposits can result in disagreements between landlords and renters over the following concerns.

  • Rental damage. A landlord and tenant might have different ideas of who’s responsible for damage to a rental property, which influences how much of the security deposit amount is returned.
  • Deductions. The landlord might use the deposit to cover costs that are not legal.

What are Legal Requirements for Security Deposits?

Before you navigate a dispute, it’s important to know the legal rules surrounding security deposits.

  • Laws surrounding security deposits vary in different states, so it’s important to do your research.
  • Your landlord can use the security deposit to cover damage to the rental property, but this does not include normal wear and tear.
  • In some states, the landlord can use the security deposit to pay for unpaid rent or utility bills.
  • Security deposit return dates vary. In some states, it’s 30 days, while in others it’s 45 or 14 days
  • In some states, a landlord can charge anything for a security deposit, while others limit the amount to one or two months of rental income.

What Can Landlords Legally Deduct From Security Deposits?

Although state laws vary quite a bit when it comes to security deposits, generally a landlord is allowed to deduct the following costs from tenants’ security deposits:

  • Unpaid rent. If monthly rental payments are outstanding, a landlord can withhold the security deposit to cover them.
  • Damage that’s not wear and tear. Tenants will have to cover any damage that they (or their guests) have caused during their stay. They are not responsible for general wear and tear, such as faded paintwork or worn carpet in high-traffic areas.
  • Cleaning. It’s the tenant's responsibility to ensure the rental property is clean when they move out. However, professional cleaning is usually not included, unless the lease agreement made mention of it.
  • Missing fixtures. The landlord can use the security deposit to replace missing property fixtures that are built into the rental property, such as bookshelves.

How Can You Deal with a Security Deposit Dispute?

If you find yourself in a security deposit dispute with your landlord, you should take the following steps.

Refer to Your Lease Agreement

This document will include deposit rules for your specific situation as well as any guidelines regarding specific state rules.

If the agreement is complex or difficult to understand, you can request a contract review by a vetted lawyer on ContractsCounsel, an online legal network.

Simply post a project requesting lease agreement review on the platform and you’ll receive multiple lawyer bids. You can select a lawyer from the bids who is best suited to your requirements, based on their client reviews, years of experience, and fields of expertise.

Ask Your Landlord for Clarity on Deductions

If you’re confused about why your landlord has made certain deductions on the deposit amount, you should request an itemized list. This will provide clarity. Check that the deductions match the security deposit rules in your location.

Gather Evidence to Support Your Case

If your landlord is saying that they won’t return your deposit because of damage to the rental property that you didn’t do, you should gather as much evidence as you can to strengthen your case. This can include referring to move-in photos that show the property’s condition or inspection reports.

Send a Demand Letter

If your landlord is violating the security deposit laws, you can send them a demand letter. This letter includes documents that support your claim, such as a lease copy and citations to security deposit regulations in your state.

Before you or your lawyer draft this letter, make sure that you’ve fulfilled your tenant duties, such as providing notice of termination of the lease and that you’re up to date with all your rent.

How Can a Lawyer Help You With a Security Deposit Dispute?

You should hire a lawyer if you’ve tried to communicate with your landlord but you can’t seem to reach an agreement. They will be able to help you in various ways throughout the dispute process.

Lease Reviewal

Your lawyer will scrutinize your lease agreement, checking for any red flags or violations on the part of your landlord. They’ll ensure that the lease matches your state laws so that you know your rights in the dispute.

Draft Important Documents

If you need to create an agreement between you and your landlord, such as after reaching a settlement, or you want to send them a demand letter, it’s wise to get these drafted by a professional lawyer.

They will ensure the document language is legally sound and no important information is neglected, as this could weaken your position or put you at risk of financial losses.

Negotiate on Your Behalf

Your lawyer will strive to reach an agreement with the landlord so that you save money and time by avoiding going to court. They’ll use their negotiating skills to reach a favorable settlement for you.

Represent You in Court

If your dispute goes to the small claims court or civil court, your lawyer will represent you. They’ll gather evidence to support your position and ensure your rights aren’t abandoned.

Do you need a lawyer for a security deposit dispute?

Consult with a vetted, experienced lawyer on ContractsCounsel. They can help you because they have legal knowledge, credentials, and years of experience in assisting clients with security deposit disputes.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,585 reviews

Meet some of our Lawyers

Brad T. on ContractsCounsel
View Brad
5.0 (5)
Member Since:
August 21, 2023

Brad T.

Founder & Principal
Free Consultation
South Carolina
14 Yrs Experience
Licensed in SC
Charlotte School of Law (Juris Doctorte)

William Bradley Thomas, or Brad, is a seasoned attorney in South Carolina, offering expert counsel to both emerging and established businesses and individuals. His specialties encompass alcohol licensure, asset protection, business law, Counsel on Call Concierge Legal Service™, estate planning, NFA firearms trusts, legal research, and document review. Brad’s unique approach is informed by his rich experience and diverse background. Not only is he a devoted father to three daughters (Anna, Kate, and Jessica), but he also served as the assistant Oconee County, South Carolina attorney. A pioneer in the local industry, he co-founded Carolina Bauernhaus Brewery & Winery, the state’s first farmhouse brewery and winery. His other roles have included membership in the South Carolina Bar Association’s House of Delegates, a board member of the South Carolina Brewers Guild, and an affiliate member of the same organization. Moreover, Brad is a certified Design for Six Sigma (DFSS) Green Belt and has accumulated over a decade’s worth of experience conducting onsite audits and financial analyses on domestic and international secured credit transactions, totaling over $5 Billion across diverse industries. With such a comprehensive skill set, Brad can provide sound legal and business advice that can help you manage and expand your business operations effectively. He can assist with selecting and establishing the most appropriate legal entity for your company, securing and retaining federal and South Carolina alcohol licensure, securing company incentives, and drafting, reviewing, and negotiating favorable contracts. All these services are designed to minimize risk and maximize both earnings and tax savings. Brad also offers estate planning services. Recognizing that life’s ups and downs can sometimes distract from ensuring that your loved ones are well taken care of, Brad applies the same legal and business fundamentals to his estate planning practice. These services include the preparation of wills, NFA firearms trusts (gun trusts), power of attorneys, and advance directives. So when your day at the office is over, you can relax, knowing that your business is running smoothly and your family’s future is secure, thanks to a tailored estate plan. If you’re seeking a trusted ally to guide you in business and personal legal matters, contact Brad Thomas at bthomas@scattorneysatlaw.com or review his firms website at www.scattorneysatlaw.com and discover how he can help you confidently navigate and enjoy all aspects of your life!

Recent  ContractsCounsel Client  Review:
5.0

"Brad was responsive, professional and very helpful. I would definitely recommend him."

Daron J. on ContractsCounsel
View Daron
5.0 (36)
Member Since:
September 7, 2023

Daron J.

Attorney
Free Consultation
Los Angeles, CA
12 Yrs Experience
Licensed in CA
Whittier Law School

On this platform I have largely been helping people draft prenuptial agreements for many different situations as well as mediation/arbitration. I am an entertainment attorney by trade with experience in drafting and negotiating contracts in the fields of television, film, unscripted, music, and everything each entails. In addition, I have experience drafting and negotiating property leases and service agreements of various types, as well as employment settlement agreements. I am available for all types of contractual review or any drafting needs you may have.

Recent  ContractsCounsel Client  Review:
5.0

"Daron was a great communicator, quick and easy to work with. Why my fiance's lawyers were missing the mark he ensured we pushed this through."

Kelynn P. on ContractsCounsel
View Kelynn
5.0 (1)
Member Since:
August 29, 2023

Kelynn P.

Attorney
Free Consultation
Washington, DC
8 Yrs Experience
Licensed in DC, MD, OH
Cleveland State School of Law

Kelynn was born and raised in Cleveland, Ohio. She attended Spelman College in Atlanta, Georgia where she earned a Bachelor of Arts in Philosophy, and thereafter returned to Cleveland for law school . She earned her Juris Doctor at Cleveland State University - Cleveland Marshall College of Law. She primarily practices insurance defense and civil litigation. She has also practiced in a variety of other areas including family law, contract disputes, contract review, complex civil litigation, medical malpractice, products liability, and mass tort.

Recent  ContractsCounsel Client  Review:
5.0

"Kelynn P. was excellent. I set up a project to assist my sis in law on a project. Her feedback was as follows: "Kelynn was great. I was on a tight time crunch and in search for an attorney. She quickly got up to speed on the status of the project. She used her expertise to add value and she was patient, listened, and was knowledgeable. She is knowledgeable of the law, negotiations, contracts, terms and conditions, and provides real life examples that provide valuable insight which empower you to strategically make the best decision. In short, Kelynn was instrumental in the resolution of my project. Overall the quality of work was exceptional and she even followed up with me to see how things are going after her scope of the project was completed. She cares about her projects and clients. I recommend Kelynn and if I need anything in the future, I know who to contact and who to recommend. Thank you""

Laura B. on ContractsCounsel
View Laura
4.9 (11)
Member Since:
October 6, 2023

Laura B.

Attorney
Free Consultation
Oakland, California
5 Yrs Experience
Licensed in CA
UC Davis School of Law

I received my undergraduate degree from Columbia University and my JD from UC Davis School of Law. I specialize in drafting, reviewing, and litigating contracts, general civil litigation, restraining orders, and family law. I have helped entrepreneurs form their business entities and grow their small businesses. This area of my practice has focused heavily on YouTubers, podcasters, and individuals creating unique online platforms. In the family law context, I have helped my clients petition for and obtain custody of their children and modify existing custody arrangements.

Recent  ContractsCounsel Client  Review:
5.0

"I had the pleasure of working with Laura B. on some recent legal matters, and I genuinely can’t recommend her enough. From start to finish, Laura was professional, responsive, and incredibly efficient. What really stood out to me was how thorough and proactive she was — she didn’t just check the boxes, she went above and beyond to make sure everything was done properly and on time. Legal work can feel overwhelming, but Laura made the entire process smooth and stress-free. She explained everything clearly, answered all my questions promptly, and stayed one step ahead the entire way. I never had to chase her for updates — she was always on top of it, which gave me a ton of peace of mind. It’s rare to find someone who combines legal expertise with such a down-to-earth, approachable style. I felt like I was in really good hands the whole time. I’ll absolutely be working with Laura again for any legal needs that come up in the future, and I wouldn’t hesitate to recommend her to anyone looking for a sharp, dependable, and genuinely helpful attorney."

Nicole G. on ContractsCounsel
View Nicole
Member Since:
August 18, 2023

Nicole G.

Owner
Free Consultation
New York, New York
24 Yrs Experience
Licensed in NY
Boston University School of Law

Legal and compliance professional with expertise in commercial transactions, government contracting, corporate governance, and nonprofits.

Michael D. on ContractsCounsel
View Michael
Member Since:
August 18, 2023

Michael D.

Attorney
Free Consultation
Jacksonville, Florida
30 Yrs Experience
Licensed in FL
Regent University School of Law

Primary areas of expertise are in providing solutions to folks in financial distress. Best suited for those tasks where out-of-the-box performance is expected and needed.

Richard P. on ContractsCounsel
View Richard
Member Since:
August 19, 2023

Richard P.

Intellectual Property and Privacy Attorney
Free Consultation
Roseville, California
9 Yrs Experience
Licensed in CA
San Joaquin College of Law

I’m passionate about IP, AI, privacy and business. Learning to code. Book some time to discuss how I can add value to your project. Hablo Español y português.

Austin R. on ContractsCounsel
View Austin
Member Since:
August 22, 2023

Austin R.

Attorney
Free Consultation
Texas
4 Yrs Experience
Licensed in TX
St Mary's University School of Law

With experience in Criminal trial, Civil trial, writs and appeals, I have both reviewed and drafted contracts from employment contracts to software development and everything in between.

Ryan C. on ContractsCounsel
View Ryan
Member Since:
August 26, 2023

Ryan C.

Founder & Managing Attorney
Free Consultation
Denver, Colorado
19 Yrs Experience
Licensed in CO
University of California, Davis

Ryan Clement, the Principal Attorney at Business and Technology Legal Group (www.businessandtechlawyers.com), has been a Colorado licensed attorney for almost 20 years and has extensive experience in all matters related to corporate law, software and technology law, intellectual property, data privacy and security, business startups/formation, commercial transactional matters, general business counsel, compliance, and litigation. Ryan graduated with high honors from the University of California, Santa Barbara before attending the University of California, Davis School of Law and graduating in 2004. Post-law school, he completed an esteemed two-year judicial clerkship at the Second Judicial District Court of Nevada. In 2007, Ryan Clement became a licensed attorney in private practice, working at several prestigious law firms before forming and operating his own successful law firm in 2012 at the age of only 31. This keen business acumen and entrepreneurial drive was the impetus behind Ryan’s desire to practice business and technology law, ultimately forming the foundation of Business and Technology Legal Group. In addition to his top-tier legal credentials, Ryan also holds a Master of Business Administration (MBA) degree from the University of Colorado, Denver, and has over a decade of experience working in the software industry at Fortune 500 and publicly traded companies. This vast experience in the technology and software sector, combined with his many years as an attorney provides the intersection of legal, technical, and business skill sets that sets Ryan apart from the crowd of business and technology attorneys in the market.

Veronica B. on ContractsCounsel
View Veronica
Member Since:
August 27, 2023

Veronica B.

Attorney
Haddonfield, NJ
38 Yrs Experience
Licensed in NJ, PA
Widener University School of Law

I am fully licensed attorney in New Jersey & Pennsylvania. Practicing law for 29+ yrs, I've tried over civil 120 jury trials; as Plaintiff & Defendant. My success rate is 85%. People need a practical, common sense approach to solving legal issues. I have assisted in establishing 226 businesses in over 22 countries, my experience runs the gamut of reviewing commercial contracts for completeness & legal protection for the parties. I have procured & drafted contracts & agreements for municipalities, charitable organizations, start ups & more. I manage 3 LLC's in Florida. Wills & Estates is another practice area. The best way to get to know me & my legal services is to reach out & start a conversation.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,585 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Real Estate Lawyers
SECURITY DEPOSIT DISPUTE LAWYERS BY CITY
See All Security Deposit Dispute Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,585 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city