Can my landlord keep my deposit without proof of damages?
Generally no — most states require a landlord to give you an itemized written statement of any deductions, and they can't charge you for ordinary wear and tear. Vague or unsupported deductions can usually be disputed. Your state also sets a deadline to return the deposit or the itemized list.
Renter Shield provides legal information, not legal advice, and is not a law firm. The right answer depends on your state, city, lease, and situation — the app shows the current rule for where you live and always points you to free legal aid.
What this means
A security deposit is your money being held, not the landlord's to keep. When you move out, the landlord can typically deduct only for unpaid rent or actual damage beyond normal wear and tear — and most states require them to spell those deductions out in writing.
“Normal wear and tear” — faded paint, small nail holes, carpet worn from ordinary use — generally can't be charged to you. Real damage like a broken window or large stains can.
If the deductions are vague, unsupported, or clearly cover wear and tear, you can usually push back — and many renters recover money with a written demand or in small-claims court.
What to do
- Gather your dated move-in and move-out photos and your forwarding address in writing.
- Ask, in writing, for an itemized list of every deduction with receipts or estimates.
- Compare the charges against normal wear and tear, and note anything unsupported.
- If it's not resolved, a written demand — or small claims — is often the next step; legal aid can help.
How this varies by where you live
The deadline to return your deposit and the exact itemization rules are set by your state, and some states add penalties when landlords don't follow them. Renter Shield shows your state's deadline and drafts the demand.
Free help — always free
You never need Renter Shield to reach help:
- Call 211 · in a crisis, call or text 988 (or visit 211.org) for local rental assistance and referrals.
- Find free legal aid near you at lawhelp.org.
- Read HUD’s tenant rights overview.
- Call 911 in an emergency.
Know exactly where you stand — in your state.
Renter Shield shows the current rule for your state, keeps your evidence private on your device, and drafts calm, professional letters — free to start.