How to dispute security deposit deductions

Updated November 2, 2026 · 8 min read · Not legal advice

Compare the landlord's itemized statement with your move-in and move-out photos, item by item. Ask in writing for anything missing, such as invoices or receipts. If the landlord will not fix it, send a short demand letter, and small claims court is the usual next step. State laws set the deadlines and penalties, so start by checking your own state's rules; examples from California, New York and Texas are below.

Add date stamps to your move-out photosAdd a Date & Time Stamp: free, runs in your browser, nothing is uploaded.

Why this is a photo contest

Deposit disputes usually come down to one question: what condition was the place in at the start, and what condition at the end? The landlord has a statement of deductions. You have your memory unless you also have photos from move-in and move-out. In some states the landlord also has duties: in California, for example, a 2024 law now requires landlords to take photos too (see below), which can give you something to compare against.

At move-in: build the baseline

Do this on the first day, before furniture goes in.

Walk-through video of the whole unit, with the date and address said out loud.
Every wall and ceiling: scuffs, nail holes, stains, peeling paint.
Floors: carpet stains, wood scratches, tile cracks. Take one photo from standing height and one low along the floor, where wear shows best.
Windows, blinds and screens, including tracks and any broken cords.
Doors and locks, closet doors, cabinet fronts and hinges.
Kitchen: inside the oven, fridge and dishwasher, under the sink, counters, and stove burners.
Bathrooms: grout, caulk, tub or shower surface, toilet, sink, any water stains below.
Outlets, light fixtures, smoke detectors, and the thermostat.
Every problem close up and from a step back, so it is clear where it is.

Email the key photos to the landlord or property manager the same day with a one-line note ("Here are photos of the unit's condition at move-in; please add to my file."). That puts a copy and a date in the hands of the other side. If you are given a condition checklist, fill it in honestly, sign it, and photograph or scan your copy. In New York, the statute says that after lease signing, and before you move in, the landlord must offer you a chance to inspect the unit together; if you ask, you both sign a written agreement listing the existing defects, and the landlord cannot keep any of the deposit for a defect noted in it.

Before you move out: ask for a pre-move-out inspection

Some states give tenants a right to an inspection before leaving, so you can fix problems and avoid charges. In California, the landlord must notify you of your right to request an initial inspection, and if you ask, it takes place within the two weeks before you move out, and you may be there. In New York, you may request an inspection no earlier than two weeks and no later than one week before the end of the tenancy, the landlord must give at least 48 hours' written notice of the time, and afterwards must give you an itemized statement of what is proposed as deductions, so you have a chance to cure the conditions. Ask in writing even if your state does not require it.

At move-out: the shot list

Photograph the unit after it is empty and cleaned, with the lights on, as late as possible but before you hand back the keys.

Video walk-through of every room, the same route as at move-in.
Each room from the doorway, and each wall and floor.
Inside the oven, fridge, freezer, dishwasher and microwave; stove and range hood.
Bathrooms: tub or shower, sink, toilet, mirror, floor.
Closets, shelves and drawers, all empty.
Carpets and floors, including any stains you could not remove (you can then show they match your move-in photo, or the age of the carpet).
Walls, with the same marks you photographed at move-in, to show they were there before.
Windows, blinds, and the yard or balcony if it is yours.
The keys, and the receipt if you are given one. Meter readings if utilities are in your name.

If you can, do a walk-through with the landlord and ask them to say in writing, or by email afterwards, what they see. Give your forwarding address in writing and keep proof, because in some states the landlord's deadlines depend on it. In Texas, for example, the statute says the landlord is not required to return the deposit or provide the written description of damages until you give a written forwarding address.

To label your photos with their dates without altering the originals, use a copy with the free date stamp tool, and keep the originals unedited. A stamp is only for readability. It is not proof of the date.

The deadline and the itemized statement

State law sets how long the landlord has and what the statement must contain. Here is how three states handle it, from the statutes and official guides themselves:

State	Deadline after you move out	What the statement must include	If they miss it or act in bad faith
California (Civil Code 1950.5)	21 calendar days	An itemized statement of the basis and amount of deductions. Copies of invoices or receipts, or a description of the work with hours and hourly rate if the landlord did it. Photos, see below. (The statute lifts the documents-and-photos requirement when repair and cleaning deductions together total $125 or less.)	Bad-faith retention can bring statutory damages of up to twice the deposit, in addition to actual damages.
New York (General Obligations Law 7-108)	14 days	An itemized statement of the basis for the amount kept, and the rest of the deposit returned.	The landlord forfeits any right to retain any portion of the deposit. Landlord bears the burden of proof on reasonableness. Willful violation can bring punitive damages up to twice the deposit.
Texas (Property Code 92.103, 92.104)	30 days after you surrender the premises	A written description and itemized list of all deductions (with an exception when you owe rent and there is no controversy about the amount).	See the statute and the sections that follow it for remedies.

California's photo rules (AB 2801)

This is the part most people have not heard of. California Assembly Bill 2801 (2024) amended Civil Code section 1950.5. According to the chaptered text, beginning April 1, 2025 the landlord must photograph the unit within a reasonable time after possession is returned and before any repairs or cleanings that will be deducted from the deposit, and again after those repairs or cleanings are done. For tenancies that begin on or after July 1, 2025, the landlord must also take photographs at the start of the tenancy. If a deduction is made for repairs or cleaning, the landlord must send those photographs with the itemized statement, along with a written explanation of the cost; they may be sent by mail, email, flash drive, or a link to view them online. The bill's digest adds that a landlord who fails in bad faith to comply with these itemized-statement requirements cannot make a claim against the tenant or the deposit. If you are in California and the photos are missing, say so in your letter and cite section 1950.5.

The same statute says the landlord cannot assert a claim for damage that existed before the tenancy, for ordinary wear and tear, or for the cumulative effects of ordinary wear and tear over one or more tenancies, and that claims for materials and work are limited to a reasonable amount needed to restore the unit to its condition at the start of the tenancy. Cleaning can be charged only to return the unit to its level of cleanliness at move-in. And professional carpet or other professional cleaning can be required or claimed only if reasonably necessary for that.

Wear and tear vs damage

The argument is almost always here. Wear and tear is the gradual aging that comes from normal living in a place. Damage is harm beyond that, caused by a tenant, a guest or neglect. The lease, your state's law and the age of the item all matter. These are common examples, not a legal test:

Usually wear and tear	Usually damage
Faded or slightly scuffed paint	Large holes in walls, crayon or marker on walls
Carpet worn along traffic paths	Pet urine stains, burns, large tears
Small nail or tack holes from hanging pictures	Many large anchor holes, broken doors
Minor scratches on old wood floors	Deep gouges, water damage from a neglected leak
Loose door handle from years of use	Broken blinds or a cracked window

Reviewing the statement

Match each deduction to a photo. Make a table: item, amount, your move-in photo, your move-out photo, your comment.
Check the age of the item. Charging the full cost of a new carpet for a ten-year-old one is hard to defend. Say so politely.
Look for double counting, such as cleaning charges and a repainting charge for the same wall.
Ask for the documents. Receipts, invoices, the landlord's photos where the law requires them.
Check the dates. Did the statement arrive on time, and did it include what your state requires?

The demand letter

The California Courts self-help guide describes the usual first step when the deposit is not returned or you disagree with deductions: write the landlord a letter asking for the deposit back, and keep a copy. The letter is short. For example:

“Dear [Landlord], I moved out of [address] on [date]. [On / I have not received] an itemized statement [dated ___]. I disagree with the deductions listed because [one or two specific reasons, for example: the carpet stain is shown in my move-in photos of [date]; the cleaning charge duplicates the painting charge; no invoices were provided]. I have enclosed photos from move-in and move-out. Please return $[amount] by [date, about 10 to 14 days away]. My forwarding address is [address]. If this is not resolved I intend to file in small claims court and to ask for any additional damages the law allows. Sincerely, [name].”

Send it by a method that gives you proof (email plus certified mail, for example), and keep copies of everything.

Small claims

If the landlord does not respond, small claims court is the usual route for deposit disputes, and you do not need a lawyer. The California Courts guide says a tenant can sue for the deposit and, if the landlord kept it in bad faith, up to two times the deposit as damages, and that a person can sue for up to $12,500 in small claims court. Courts, limits and fees differ by state and change, so look up your own court's self-help page. Bring your photos (originals on your phone, plus printed copies), the lease, the statement, your letter and proof you sent it.

One more reminder: check your city and county as well as your state, because some places add their own rules, such as paying interest on deposits.

Not legal advice. This guide is general information, not legal advice, and it cannot promise how any company, insurer, court or other decision-maker will treat a photo. Rules differ by place and change over time. For a real dispute, check the rules that apply to you or ask a qualified professional.

Frequently asked questions

How long does a landlord have to return a security deposit?

It depends on the state. California gives landlords 21 calendar days after the tenant has moved out, New York gives 14 days, and Texas gives 30 days. Many other states have their own deadline, often in the same range. Look up your state's tenant-landlord statute or your state attorney general's tenant guide.

Can my landlord charge me for normal wear and tear?

In the states used as examples here, no. California's statute says a landlord shall not claim against a tenant or the deposit for ordinary wear and tear, New York's says a landlord may not keep any amount for ordinary wear and tear, and Texas's says a landlord may not retain any portion of a deposit to cover normal wear and tear. What counts as wear and tear versus damage is the usual argument.

What if I did not take move-in photos?

Take your move-out photos anyway, and gather whatever shows the unit's earlier condition: the move-in checklist if you signed one, emails from move-in, listing photos, photos you took for other reasons. In California, landlords are now supposed to take their own photos (see below), so ask for them.

Should I give my landlord a forwarding address?

Yes, in writing, and keep proof. In Texas, for example, the statute says the landlord is not obligated to return the deposit or give the written description of damages and charges until the tenant gives a written statement of a forwarding address, though a tenant does not lose the right to a refund merely by failing to give one.

Is a date stamp on my photos enough to show when they were taken?

No. A stamp is only text on a picture. What helps is the original photo files with their metadata, emailed to the landlord or yourself at the time, plus other records. See how to prove when a photo was taken.

Sources

Pages we opened and checked while writing this guide (November 2, 2026):