# Can they keep my deposit?

> Your rights where you rent — and the letter that asks for the money back.

URL: https://allproblemssolved.aplusz.app/en/rent-and-deposit-rights/  
Language: English (en)

## The problem

The deposit is the largest sum most people hand to a stranger, and the rules for getting it back are local and unknown to the person who paid it.

Who it hits: Every renter.

### The shapes it takes

- Deposit withheld or cut
- Wear and tear versus damage
- Rent increases and limits
- Repairs the landlord will not do
- Notice and eviction
- Ending a lease early

### What this page gives you

Your rights where you rent, and the letter that asks for the money back.

## Where do you rent, and what's happening with the deposit?

Nothing you type here is sent anywhere.

## What they can and can't keep

- Normal wear and tear can never be charged: faded paint, small nail holes, carpet worn by ordinary use.
- Real damage, cleaning beyond normal, and unpaid rent or bills can be deducted — but only the actual cost.
- They need proof: the move-in and move-out reports or photos, and invoices or quotes for each deduction.

## Get it back, in this order

1. Write to the landlord (the letter below does it): the amount, your bank details and a new address.
2. Ask for a written, itemised list of any deduction, with proof.
3. No answer, or you disagree: use the free dispute route below.
4. Still stuck: small-claims court — usually cheap, and you don't need a lawyer.

## Deposit rules, place by place

### FR

- The deposit is capped at 1 month's rent (without charges) unfurnished, 2 months furnished.
- It must be returned within 1 month if the move-out report matches the move-in one, 2 months otherwise.
- Late? The landlord owes an extra 10% of the monthly rent for each month started late.
- The free dispute route: The departmental conciliation commission (commission départementale de conciliation) — free.
- Official: https://www.service-public.fr

### DE

- The deposit is capped at 3 months' rent (without service charges), and you can pay it in 3 instalments.
- It must be kept apart from the landlord's money and earns interest.
- It's usually returned within 3 to 6 months; part can be held back until the service-charge bill is settled.
- The free dispute route: Your local tenants' association (Mieterverein), then the local court (Amtsgericht).
- Official: https://www.mieterbund.de

### ES

- For a home, the deposit (fianza) is 1 month's rent; it must be returned within 1 month of handing back the keys, or it earns interest.

### IT

- The deposit can't be more than 3 months' rent, and it earns interest.

### NL

- The deposit is capped at 2 months' basic rent. It must be returned within 14 days — or 30 days if there's damage to settle.
- The free dispute route: The Rent Tribunal (Huurcommissie) for rent issues; deposit disputes go to the local court.
- Official: https://www.huurcommissie.nl

### IE

- The deposit can't be more than 1 month's rent (and advance rent no more than 1 month).
- The free dispute route: The Residential Tenancies Board (RTB) — its dispute service.
- Official: https://www.rtb.ie

### PH

- For rent-controlled homes (up to PHP 10,000 a month in Metro Manila and big cities in 2026), a landlord can ask at most 2 months' deposit and 1 month's advance rent.
- The deposit must be kept in a bank and returned when the lease ends, minus only unpaid rent and real damage — never normal wear.
- The free dispute route: Barangay conciliation first (it's required), then DHSUD or the court.
- Official: https://dhsud.gov.ph

### England

- The landlord must protect the deposit in a government-approved scheme within 30 days and give you the scheme's details.
- The deposit is capped at 5 weeks' rent (6 weeks if the yearly rent is £50,000 or more).
- It must be returned within 10 days of agreeing the amount.
- Not protected? A court can order the landlord to pay you 1 to 3 times the deposit.
- The free dispute route: The deposit protection scheme's free dispute service.
- Official: https://www.gov.uk/tenancy-deposit-protection

### Wales

- The landlord must protect the deposit in a government-approved scheme within 30 days.
- It must be returned within 10 days of agreeing the amount.
- Not protected? A court can order the landlord to pay you 1 to 3 times the deposit.
- The free dispute route: The deposit protection scheme's free dispute service.
- Official: https://www.gov.uk/tenancy-deposit-protection

### Scotland

- The deposit must be lodged with a tenancy deposit scheme within 30 working days of the tenancy starting.
- It can't be more than 2 months' rent.
- Not lodged? The tribunal can order the landlord to pay up to 3 times the deposit.
- The free dispute route: The tenancy deposit scheme's free dispute resolution.
- Official: https://www.mygov.scot/tenant-deposits/protection

### Northern Ireland

- The deposit must be protected in an approved tenancy deposit scheme.
- The free dispute route: The tenancy deposit scheme's free dispute resolution.

### California

- Return within 21 days, with an itemised list for anything kept.
- The deposit is capped at 1 month's rent for most landlords (since July 2024).
- Kept in bad faith: up to 2 times the deposit on top.

### New York

- Return within 14 days, with an itemised list for anything kept — otherwise the landlord loses the right to keep any of it.
- The deposit is capped at 1 month's rent.
- Wilful violation: up to 2 times the deposit.

### Texas

- Return within 30 days of moving out (give the landlord your new address in writing).
- Kept in bad faith: $100, 3 times the amount wrongly kept, and legal fees.

### Florida

- Return within 15 days if nothing is kept; to keep any, the landlord must send a written notice within 30 days — you then have 15 days to object.

### Illinois

- Return within 45 days; any deduction must be itemised within 30 days.
- Wrongly kept: 2 times the deposit.

### Massachusetts

- Return within 30 days.
- The deposit is capped at 1 month's rent.
- Wrongly kept: 3 times the deposit, plus interest.

### Arizona

- Return within 14 business days, with an itemised list.
- The deposit is capped at 1.5 months' rent.

### Georgia

- Return within 30 days.
- Kept in bad faith: 3 times the amount wrongly kept.

### Colorado

- Return within 1 month (up to 60 days if the lease says so).
- Wilful violation: 3 times the amount wrongly kept.

### Michigan

- Return within 30 days.
- The deposit is capped at 1.5 months' rent.

### Minnesota

- Return within 21 days, with interest.

### Maryland

- Return within 45 days.
- The deposit is capped at 1 month's rent.

### Virginia

- Return within 45 days.
- The deposit is capped at 2 months' rent.

### North Carolina

- Return within 30 days.

### Pennsylvania

- Return within 30 days.

### Ohio

- Return within 30 days.

### Hawaii

- Return within 14 days.
- The deposit is capped at 1 month's rent.

### Washington, D.C.

- Return within 45 days.
- The deposit is capped at 1 month's rent.

### US

- Each state sets its own deadline — most are 14 to 45 days after you move out, and give your new address in writing.
- The free dispute route: Small-claims court in the county where the rental is — many states let you claim the penalty too.

### New South Wales

- The bond is capped at 4 weeks' rent and is held by NSW Fair Trading, not the landlord.
- The free dispute route: Apply for the bond through NSW Fair Trading; disputes go to the NSW Civil and Administrative Tribunal (NCAT).
- Official: https://www.fairtrading.nsw.gov.au

### Victoria

- The bond is usually capped at 1 month's rent and is held by the RTBA, not the landlord.
- The free dispute route: Claim the bond from the RTBA; disputes go to VCAT.
- Official: https://rtba.vic.gov.au

### Queensland

- The bond is capped at 4 weeks' rent (for most rentals) and is held by the RTA, not the landlord.
- The free dispute route: Claim the bond from the RTA; its free dispute resolution comes first, then QCAT.
- Official: https://www.rta.qld.gov.au

### AU

- Bonds are held by a state authority, not the landlord — claim it from them.

### Ontario

- A landlord can only take a deposit for the last month's rent (and a refundable key deposit) — it earns interest every year.
- The free dispute route: The Landlord and Tenant Board.
- Official: https://tribunalsontario.ca/ltb/

### Quebec

- A landlord can't ask for a security deposit — only the first month's rent in advance.
- The free dispute route: The Tribunal administratif du logement.
- Official: https://www.tal.gouv.qc.ca

### British Columbia

- The deposit is capped at half a month's rent and must be returned within 15 days of the later of moving out and giving your address.
- Not returned in time: the landlord may owe double.
- The free dispute route: The Residential Tenancy Branch.
- Official: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies

### Alberta

- The deposit is capped at 1 month's rent and must be returned (or itemised) within 10 days.
- The free dispute route: The Residential Tenancy Dispute Resolution Service (RTDRS).

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