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

Jim B. on ContractsCounsel
View Jim
5.0 (1)
Member Since:
September 4, 2024

Jim B.

Managing Partner, Business Lawyer
Free Consultation
Portland, Oregon
24 Yrs Experience
Licensed in OR
Southern Illinois University

Since 2002, when I first received my law license and began practicing in criminal litigation, I have dedicated myself to providing competent and impassioned legal representation to my clients. Transitioning into business and intellectual property law and serving the Oregon community under the banner of INTELLEQUITY since 2016, I embarked on a mission to offer an unparalleled level of personalized legal guidance that empowers my clients through understanding, support, and legal mastery. As a seasoned attorney, I recognize that behind every case is a person with a distinct set of emotions, aspirations, and challenges. This is why my approach to legal services is not just about cases and statutes; it's about people and their lives. Whether it's navigating the intricacies of business law or safeguarding your intellectual property, I'm here to provide more than just professional counsel—I offer a compassionate, personalized approach to every case. This means keeping you well-informed at every step, empowering you with in-depth understanding, and steering you towards decisions that are legally sound and, more importantly, right for you.

Recent  ContractsCounsel Client  Review:
5.0

"Great person to work with. He helped gain a better understanding of my own business."

Dolan W. on ContractsCounsel
View Dolan
5.0 (873)
Member Since:
September 8, 2024

Dolan W.

Attorney
Free Consultation
San Diego, California
10 Yrs Experience
Licensed in CA
Purdue Law School

You need a lawyer who's more than just knowledgeable – you need someone who's on your side. That's where I come in. I'll be there every step of the way, offering clear communication and proactive solutions. Whether you're starting a business or navigating a complex legal matter, I'll help you make informed decisions and achieve your goals. I also have drafted many templates to save you money. Just use this link - https://www.contractscounsel.com/client/lawyer-profile/3764#Templates You can learn more about my firm at: williamslawsd.com Why Choose Me? I put you first I'm proactive I'm efficient I'm accessible

Recent  ContractsCounsel Client  Review:
5.0

"I appreciated Dolan's quick turnaround without sacrificing thoroughness. Thank you!"

Michael L. on ContractsCounsel
View Michael
Member Since:
August 19, 2024

Michael L.

Managing Attorney
Free Consultation
Glastonbury, CT
29 Yrs Experience
Licensed in NY
New England Law/Boston

Solo practitioner, licensed in New York State 27+ years. Areas of practice: Small Business Law, Commercial Contracts, Commercial Litigation, Employment Law & Litigation, Estate Planning, Business Succession Planning.

Richard H. on ContractsCounsel
View Richard
Member Since:
September 3, 2024

Richard H.

Solo practice
Free Consultation
Dallas, Texas
45 Yrs Experience
Licensed in TX
Sum Svhool of Law

After 30 years of practice I large, publicly traded companies, I went out on my own. I engaged in general practice for 10 years before retiring. I continue to do work on a contract basis.

Dennis S. on ContractsCounsel
View Dennis
Member Since:
September 3, 2024

Dennis S.

Principal
Free Consultation
Las Vegas, Nevada
31 Yrs Experience
Licensed in CA, NV
Brigham Young University

Dennis Sponer co-founded ScripNet, a uniquely designed Pharmacy Benefit Management (PBM) company in 1997. After serving as In-House Counsel for one of Las Vegas’ largest healthcare conglomerates, Dennis devised a payor based technological solution to the challenge of pharmaceutical payment and remittance. As one of the first workers’ compensation specific Pharmacy Benefit Managers in the industry, Dennis pushed the boundaries of what a PBM can do. ScripNet was a three-time winner of the Inc. 500 and was named to the Inc. 5000 numerous times thereafter. Clients of ScripNet included some of the largest carriers, governmental entities, and self-insured employers in the nation, including FedEx, Starbucks, Lockheed Martin, the Cities of Dallas, Atlanta and Philadelphia as well as the State of Texas and the State of Nevada. After fifteen years of exceptional growth and class leading industry recognition, ScripNet was acquired in 2012 by Optum Healthcare Solutions. After selling ScripNet, Dennis served as Executive Vice President for the acquiring company and was successful in integrating ScripNet into the larger entity. His latest venture, HSARx, was a consumer facing Pharmacy Benefit Manager focused on the owners of health savings accounts. He sold HSARx to SwiftScript in October of 2023. Dennis obtained his Juris Doctorate from Brigham Young University where he served as Note and Comment Editor of the Law Review. He then obtained his Master of Laws in Taxation (L.L.M.) from the University of San Diego. After selling ScripNet, Dennis returned to school to earn his TRIUM MBA, the program jointly administered by New York University's Stern School of Business, the London School of Economics and HEC Paris. Dennis is a member of the 1999 Leadership Las Vegas graduating class, was named by InBusiness Las Vegas to its annual Top 40 Under 40 list, is a graduate of MIT's prestigious Birthing of Giants program and holds a certificate in full stack development from MIT. Dennis is licensed as an attorney in California and Nevada and is a past President of the Las Vegas Chapter of the Entrepreneurs' Organization. He serves on the Southern Utah University School of Business National Advisory Board, the SUU Entrepreneur Leadership Council and the UNLV College of Liberal Arts Board. Through his consultancy, SRX Advisors, Dennis serves as an advisor and legal counsel to various startups, health care technology and artificial intelligence firms.

Jonathan W. on ContractsCounsel
View Jonathan
Member Since:
September 4, 2024

Jonathan W.

Partner
Free Consultation
San Francisco, California
33 Yrs Experience
Licensed in CA, WA
Columbia University School of Law

Jonathan Wright offers 30+ years of legal and business expertise to clients seeking a trusted advisor. His experience as a CEO and General Counsel for tech, healthcare, and biotech companies enables him to provide seasoned guidance on complex contracts, strategic agreements, and business transactions. Whether you're starting a company, navigating financings, or handling day-to-day corporate legal needs, Jonathan offers valuable insights and support.

Antonio P. on ContractsCounsel
View Antonio
Member Since:
September 10, 2024

Antonio P.

Attorney
Free Consultation
Fort Wayne, Indiana
4 Yrs Experience
Licensed in IN
Atlanta's John Marshall Law School

At Pishvai Law, Tony's attention to detail and deep community roots define his practice. A lifelong Fort Wayne native, Tony returned home after attending law school in Atlanta, Georgia, emphasizing his commitment to serving his community firsthand. As a solo practitioner, Tony offers a level of personalized service and dedication unmatched by larger firms. With a focus on tailored solutions and individualized attention, Tony ensures that each client receives the care they deserve. Whether you're facing a complex legal matter or seeking guidance, Tony is dedicated to providing the support and expertise you need to navigate your case with confidence.

Andrew G. on ContractsCounsel
View Andrew
Member Since:
September 19, 2024

Andrew G.

Principal Attorney
Free Consultation
Cleveland, Ohio
11 Yrs Experience
Licensed in OH
Harvard Law School

Mr. Goodwin is an experienced transactional attorney, with experience working both for a large law firm and as in-house counsel for a leading global healthcare system.

Julie H. on ContractsCounsel
View Julie
Member Since:
September 15, 2024

Julie H.

Employment Attorney
Free Consultation
Atlanta GA
7 Yrs Experience
Licensed in GA
University of Oklahoma College of Law

I am an employment attorney with almost 6 years of practice. I have defended and advised small and large companies on various employment issues. I have also helped companies in over 10 different states. I also have expertise helping with general business contracts and disputes.

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