Getting Your Security Deposit Back After You Move (2024)

Your landlord has 31 days after you move out to refund your security deposit. Your landlord can keep money from your deposit to cover:

  • Damage to your rental (other than "ordinary wear and tear"),

  • Unpaid rent, or

  • Other money that you owe the landlord.

If your landlord keeps money from your security deposit, they must give you a written list of the charges (an accounting).

If you are a Portland renter, and moved into your place after April 30, 2020, different laws apply to you. Refer to this handbook or visit thePortland Rental Services Office for more information.

The law does not define ordinary wear and tear. You can think of it as how much wear and tear you would expect on a place over time if you used it with normal care.

  • Example: Small marks on the wall would be probably be normal wear and tear, but large holes or marks are probably not.
  • Example: Small stains or spotting on the carpet may be ordinary wear and tear, but rips, burns, pet urine, or other large stains are most likely not.

  1. Make sure your place is clean and empty when you move out. Wipe down surfaces and sweep or vacuum floors.
  2. Take photos when you move so you can show how you took care of your place.
  3. Turn your keys in to the landlord or property manager on time. If you will be moving out after hours or aren’t sure how to return your keys, contact your landlord ahead of time to make a plan.
  4. Make sure that you give the landlord a new address when you move out and file a change of address form at the post office. The landlord will send your security deposit and/or a written list of charges to your last known address.

If you hear nothing from your landlord (they don’t return your deposit or send you a list of charges within 31 days) you cansend them a letter. If you still don’t hear from them you can file a Small Claims Case against them for two times the amount of the deposit.See Taking Your Landlord to Small Claims Court.

If you think your landlord kept more than they should have, but they sent a written list of charges explaining what amounts were taken from the security deposit,you can send them a letter saying you disagree with the charges. If you don’t hear from your landlord, you can file a small claims case for two times the amount you’re owed.Go here to learn about how to sue your landlord in Small Claims Court.

Yes. Beginning January 1, 2024, landlords can return security deposits electronically, but only if the landlord and renter agree in writing to this.

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Getting Your Security Deposit Back After You Move (2024)

FAQs

Getting Your Security Deposit Back After You Move? ›

Within 30 days from when your tenancy ends, your landlord must return your full security deposit, or the portion left after deductions for unpaid rent and/or the cost of repairs. You can sue your landlord in small claims court if you do not get your security deposit back within 30 days.

Can I get my deposit back if I change my mind about moving in? ›

The property management can refuse to give back to you if you do not have a very good reason for not moving in. Lawyer: Phillips Esq. If you have changed your mind, the property management can try to keep the deposit as penalty for early termination of the lease. Lawyer: Phillips Esq.

How long after moving out should you get your deposit back? ›

If your landlord or letting agent refuses to use the ADR service you can take them to court instead. If you agree about part of your deposit, you should get back the money you agree on quickly. You'll usually get your money back in 10 days - it depends on your situation and what scheme your deposit is in.

Can I get my holding deposit back if I change my mind? ›

If you decide not to go ahead with the tenancy, then the letting agency or landlord can keep some of all of the holding deposit. Depending on the reasons for your decision, however, you may be able to get some or all of the deposit back.

Do I get my deposit back if I change my mind? ›

Can I get my money back? If you have put down a deposit, this implies you have a contract with the seller, so it is unlikely that you will be able to get it back, as there is no automatic right to a refund of a deposit.

What if I signed a lease and changed my mind? ›

You are in contract. California Law does not provide a cool off period for signing leases. You should talk to the landlord immediately and explain the situation and see if the landlord will let you out of the lease.

What is fair wear and tear? ›

Fair wear and tear refers to the reasonable deterioration that occurs in a rental property over time, as a result of normal, everyday use during the period of a tenancy. It's separate from damage caused by misuse, negligence, or intentional actions of a tenant, which the tenant should be responsible for.

Do you get restaurant deposits back? ›

A reservation deposit is when a restaurant requires guests to pay to book a table. This deposit is either applied to the meal, refunded when the party arrives or kept if the party fails to show up.

Can I change my mind after paying a deposit? ›

I changed my mind

If you decide to cancel something you paid a deposit for, the seller is usually not required to give your money back. In some cases, the seller might allow cancellations if you change your mind, depending on the terms and conditions (see above).

Can you cancel a holding deposit? ›

If you find you are no longer able to proceed or change your mind, you should notify the landlord as soon as possible. You are welcome to contact the landlord to ask if they would be willing to return your holding deposit to you.

How do I get my deposit back on a car? ›

When you give a car dealer a deposit, it is considered an upfront or initial payment on a car. As a rule, it is not refundable unless specific circ*mstances apply. When buying a car from a dealership, the dealer will want two things: a signed contract and/or a deposit.

Can I cancel a holding deposit? ›

If you find you are no longer able to proceed or change your mind, you should notify the landlord as soon as possible. You are welcome to contact the landlord to ask if they would be willing to return your holding deposit to you.

Can I get my holding deposit back if I never signed a lease in California? ›

In theory, a property owner should only retain the amount of a holding deposit equivalent to the actual damages caused by a potential tenant not signing a lease contract. The owner should return the remainder of the deposit to the tenant.

Can I get my security deposit back if I never signed a lease with PA? ›

If you didn't sign any lease then there is no way they can keep the deposit. The only way the deposit can be kept is if you agreed to that in writing or if it was some type of hold deposit.

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