buildmyevidence · guide
How to Get Your Security Deposit Back
The short answer: To get your security deposit back, document the condition of the rental with timestamped photos at both move-in and move-out, keep your lease and every message with your landlord, and send a written demand for the deposit. If it goes to small claims court, the person with dated photos and clear records usually wins. Your evidence is the before-and-after proof of the condition you left the place in.
Most deposit disputes come down to one question: what condition was the place in? This guide shows you how to prove it.
What can a landlord legally deduct from my deposit?
Generally, a landlord can deduct for unpaid rent and for damage beyond normal wear and tear — but usually not for ordinary wear, and often only with itemized proof. Normal wear (faded paint, minor scuffs, worn carpet) is typically the landlord's responsibility; actual damage (holes, stains, breakage) may be deductible. Rules, limits, and deadlines vary by state, so check your local law.
Why are move-in and move-out photos so important?
Because together they prove the condition you left the place in versus how you found it. Timestamped photos at move-in establish a baseline; timestamped photos at move-out show what you actually left. If a landlord claims damage that was already there, your move-in photos disprove it. If they claim you left a mess, your move-out photos show otherwise. The dates are what make these photos powerful.
What should I document to protect my deposit?
- Timestamped photos and video of every room at move-in and again at move-out.
- Your signed lease and any move-in condition report.
- Every message with your landlord, dated.
- Your written demand for the deposit's return, and your forwarding address.
- Any receipts for cleaning or repairs you did.
How do I make sure my photos count as evidence?
Take them at move-in and move-out, make sure the date is captured (many phones save the date, time, and location in the photo's data automatically), and keep the originals unaltered. Photograph clearly and thoroughly — wide shots of each room plus close-ups of anything notable. Save and back them up so they're not lost when you change phones.
How do I write a demand for my deposit?
Send a written request (email or letter) stating that you're requesting the return of your deposit, referencing your lease and move-out date, noting the condition you left the property in, and giving your forwarding address. Keep a dated copy. A clear written demand, backed by your photos and records, is often what prompts a landlord to return the money — and it's key evidence if you go to small claims court.
When should I start documenting?
At move-in, before you unpack — that's when you capture the baseline that protects you at move-out. If you're already moving out and didn't document move-in, take thorough move-out photos now and gather whatever earlier evidence exists. Starting at move-in is ideal; starting now is far better than not at all.
Frequently asked questions
How do I prove my apartment was clean when I moved out?
Timestamped photos and video taken at move-out, ideally alongside move-in photos to show the before-and-after. Keep them dated and unaltered.
What can a landlord legally deduct from a deposit?
Generally unpaid rent and damage beyond normal wear and tear, usually with itemized proof — not ordinary wear. Rules and deadlines vary by state.
How long does a landlord have to return my deposit?
It varies by state, commonly 14 to 30 days after move-out. Check your state's deadline; missing it may entitle you to extra damages.
What should I document to get my deposit back?
Move-in and move-out photos, your lease, every message with the landlord, your forwarding address, and your written demand — all dated.
General information, not legal advice. Laws vary by location. For your situation, consult a qualified lawyer.