If you are choosing to leave the unit, try to give the amount of notice required in your rental agreement or state law. This is usually 30 days. Request a preliminary inspection while you are still in the unit. Some states require your landlord to make one at your request. Complete any reasonable request for repairs or cleaning that the landlord makes before you leave the unit. You might want to take photos or videos of the unit to record the condition when you leave. Give your landlord an address where you can be reached.

If your landlord sends you a notice that any amount has been deducted from your deposit within the time specified by your state law, you can review the notice for reasonableness. You will want to make sure that that the landlord has itemized all costs, that the costs are reasonable, and that the landlord has provided you with required receipts. If you dispute the amounts deducted, or if the landlord does not get back to you within the time required, you can demand the return of your deposit.

The best first step is to write a letter to your landlord contesting deductions or pointing out that the landlord has not complied with legal requirements for returning the deposit. Request the payment of any amounts you are owed and keep a copy. If the landlord does not pay you, you have two options: 1) go to some kind of community mediation to see if you can resolve the problem; or 2) go to the small claims court in the place where the rental unit is located and file a claim. The amount you are entitled to claim depends on your state’s law. Some statutes require the landlord to pay double or triple the deposit amount if he or she does not return the deposit or send a satisfactory notice of deductions within the time required by state law. The landlord may also be barred from claiming even legitimate deductions if notice of deductions is not given within the specified time.

For FAQs about Landlord/Tenant Law, visit the Free Advice website or ask a question about your landlord-tenant issue on our Free Advice Law Forum to see how others have handled similar situations.

Check out these related articles:

Security Deposits

How Much a Landlord Can Charge for a Security Deposit

How Security Deposits are Held

Inspection of the Premises

Returning Security Deposits

Tenants’ Privacy and Landlords’ Access

State Laws: Landlord/Tenant