Dispute a Security Deposit Deduction
Every state sets a strict deadline for landlords to return security deposits and provide itemized deductions. Miss that deadline and landlords often forfeit their right to keep any portion of the deposit. Deductions must be for actual documented damages beyond normal wear and tear — not for routine cleaning or painting.
Success rate: 65% · Average recovered: $890 · Time limit: File within 30–60 days of moving out (landlord deadlines vary: 14–60 days by state)
Winning Arguments
- Landlord missed the state deadline to return the deposit
- Deductions charged for normal wear and tear (not permitted in any state)
- No itemized list provided as required by state law
- Deduction amounts are inflated or undocumented
- Move-in inspection photos contradict the deductions claimed
- Landlord applied deposit to unpaid rent not authorized by lease
Laws That Protect You
- State landlord-tenant security deposit laws
- URLTA (Uniform Residential Landlord and Tenant Act)
- California Civil Code §1950.5
- Texas Property Code §92.103
- Florida Statute §83.49
How to Dispute — Step by Step
- Document your move-out condition with timestamped photos/video
- Send a written demand letter citing your state's deadline
- If landlord missed the deadline, they may owe the full deposit back by law
- Request itemized receipts for all deductions claimed
- If unresolved, file in small claims court (most states: up to $10,000)
- Many states award 2x–3x the wrongfully withheld amount as a penalty
What to Include in Your Dispute Letter
- Your full name, mailing address, and the account or bill number in question
- A clear statement that you are formally disputing the charge, and the specific reason why
- The law or billing right that supports your position (see the laws listed above)
- Copies — never originals — of receipts, statements, or correspondence as evidence
- A reasonable deadline for a written response, typically 30 days
A well-documented, written dispute that cites the right law puts the burden back on the biller to justify the charge. Keep a copy of everything you send, use certified mail when possible, and follow up in writing if you do not receive a timely response. ContestMyBill generates a letter that does all of this for you.
Frequently Asked Questions
What is 'normal wear and tear'?Minor scuffs, small nail holes, faded paint, and carpet wear from normal use. Landlords CANNOT deduct for these. Major stains, holes in walls, and broken fixtures ARE deductible.
What if my landlord ignores my dispute letter?File in small claims court. The dispute letter becomes your evidence. Many states award the full deposit PLUS damages if the landlord acted in bad faith.
Do I need to give 30 days notice to get my deposit back?Notice requirements apply to ending your tenancy. Your deposit rights exist regardless — but not giving proper notice can give the landlord grounds to deduct lost rent.
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