how do i get my security deposit back?
Written by Law on Call Staff |Reviewed by Daren Harris | Last Updated November 5, 2025
Security deposits are meant to protect landlords, but they can become a pain for tenants, especially when it’s time to move out and get your money back. Whether you rent an office space for your business or an apartment for yourself, the process can feel confusing and unfair.
This article explains what security deposits are, how they differ between commercial and residential leases, and how you can improve your chances of getting your full deposit returned.
What Is a Security deposit?
A security deposit is money a renter gives a landlord before moving in. It covers potential losses such as damage, unpaid rent, or lease violations. While often refundable, some leases make part or all of the deposit nonrefundable for cleaning or administration, which must be clearly stated in the lease.
Security deposits are used in both residential and commercial leases. Many landlords also require first and last month’s rent upfront. Residential deposits are governed by the lease and state law, while commercial deposits, with fewer statutory rules, rely mostly on the lease itself.
Remember, a security deposit doesn’t belong to the landlord. It must be held until the lease ends, then returned minus any lawful deductions, within the agreed timeframe.
what’s the difference between commercial and residential security deposits?
All lease security deposits serve a similar purpose, but the rules depend on whether the property is residential or commercial. The differences come down to flexibility, legal requirements, and how long landlords have to return the deposit once the lease ends.
Residential lease security deposits
Residential lease tenants are protected by laws that regulate how deposits are held, when they must be returned, and how deductions are handled. Most states require landlords to return the deposit within a set period, usually between 14 and 30 days after the tenant moves out, and provide a written list of any deductions.
In Arizona, for example, residential landlords must return the deposit within 14 days of move-out under A.R.S. § 33-1321. In Utah, the deadline is 30 days, as required by Utah Code § 57-22-4. In both states, and most in the U.S., lease terms can’t extend the deadline beyond what the law allows.
COMMERCIAL lease security deposits
In commercial leases, the terms of the deposit—its amount, how it’s held, and when it’s returned—are defined by the lease agreement. Because commercial leases are treated like business transactions, they aren’t subject to the same statutory protections as residential rentals. This gives both parties more room to negotiate but also puts the responsibility on tenants to understand the details before signing.
Commercial deposits are often larger and may cover more than damage or unpaid rent. Some landlords require extra funds as a safeguard against lost income during vacancy periods or property changes made by the tenant.
In the U.S., most commercial landlords return deposits within 30 to 60 days after the tenant vacates. If the lease doesn’t specify a timeline, there’s usually no fixed deadline, but the landlord is expected to return the deposit within a reasonable period. What’s considered “reasonable” is determined case by case, based on what’s fair and customary under the circumstances, including industry norms and how both parties have acted.
What Should I Do Before Moving out?
What you do before turning in the keys can make a big difference in how smoothly you get your security deposit back. Preparation is your best defense against disputes or unfair deductions.
How to Prepare for MOVE-OUT
- Read Your Lease Agreement
Carefully check your lease for move-out requirements like notice, cleaning, and repair obligations. Commercial and residential tenants should pay close attention to what counts as “ordinary wear and tear” versus “damage,” since those definitions can affect deductions. - Document the Property’s Condition
Before you move out, take plenty of photos and videos of the entire property. Capture walls, floors, appliances, and fixtures. For commercial spaces, include common areas, signage, and any improvements. Written or visual proof can help resolve disputes later. - Handle Cleaning and Repairs
Fix minor damage, replace bulbs, fill nail holes, and clean thoroughly. Commercial tenants should remove or restore tenant-installed fixtures according to lease terms. Keep receipts for any professional cleaning or maintenance services as evidence you fulfilled your responsibilities. - Provide a Forwarding Address and Written Notice
Always give your landlord a forwarding address for your refund and any future correspondence. Send it in writing, preferably with proof of delivery. - Know Your Landlord’s Obligations
Landlords must handle deposits fairly and follow proper return procedures. What a landlord cannot do, for example, is withhold funds without cause or fail to provide an itemized list of deductions when required.
Know your rental rights.
How do i request my security deposit BACK?
- Send a Written Request
In most cases, landlords have a legal duty to return security deposits without a request from the tenant. But, if the refund window has passed and you haven’t received your deposit or an explanation, it’s reasonable to send a polite written reminder. Include your move-out date, the property address, and a forwarding address for payment Keep proof of delivery—certified mail or email confirmation works well. - Allow a Reasonable Response Time
Residential landlords must follow state deadlines, usually 14 to 30 days. Commercial landlords typically return deposits within 30 to 60 days, depending on the lease terms. - Keep Everything In Writing
Keep copies of all correspondence, receipts, and inspection notes. Documentation is the best way to protect yourself if the landlord delays or disputes your refund.
What Can be deducted from a security deposit?
Landlords can’t legally withhold a deposit without reason, but certain deductions are allowed when a tenant leaves a property damaged or with unpaid rent. Knowing what qualifies can help prevent disputes and set realistic expectations.
common legal deductions
Typical deductions from your security deposit may include:
- Damage beyond normal wear and tear
- Unpaid rent or fees
- Costs to repair or replace tenant-installed fixtures
- Cleaning required to restore the property to a rentable condition
Normal Wear and Tear Versus Damage
The line between “wear and tear” and “damage” can be subjective, but the distinction is important. Normal wear and tear is the gradual deterioration from everyday use, like faded paint, minor scuffs, or worn carpeting. Damage results from neglect or misuse, like broken tiles or deep stains. Photos taken at move-in and move-out can support your case if there’s a dispute.
Itemized Deductions and Refunds
When deductions are made, landlords must provide a written statement explaining the charges and return the balance within the legal or contractual timeframe. Business tenants should pay special attention to their lease, as commercial agreements often allow broader deductions, such as costs for removing signage, repairing alterations made during the lease, or restoring a space to its original layout.
What if my security deposit isn’t returned?
If your landlord is holding your deposit or doesn’t provide an explanation within the required timeframe, start with a written follow-up before escalating. Preparation is your best defense against disputes or unfair deductions.
Steps to Take
- Follow Up
Send a polite reminder about your original request. Note your move-out date and when you first asked for your deposit back. Written proof shows you’ve acted in good faith. - Review State Laws and Lease Terms
Residential tenants should review state laws for refund timelines, how deposits must be held, allowable deductions, and whether interest must be paid on the balance. - Consider Legal Action
If communication fails, you may take the matter to small claims court. Tenants with larger deposits or complex leases may want legal guidance. - Read Your Lease Agreement
Carefully check your lease for move-out requirements like notice, cleaning, and repair obligations. Commercial and residential tenants should pay close attention to what counts as “ordinary wear and tear” versus “damage,” since those definitions can affect deductions. If you go this route, you’ll likely need to register the name with your state and/or local jurisdiction.
Main Takeaways
- Security deposits protect landlords but must be handled according to the lease and state law.
- Residential deposits follow lease terms and state timelines while commercial deposits rely on the lease.
- Clear documentation and communication help prevent disputes.
- Landlords may deduct for damage or unpaid rent, not normal wear and tear.
- If your deposit isn’t returned, small claims court or legal help can assist.
