Question on deposit

i have heard that certain state laws only allow the deposit to be half of one months rent. is this true? and how would i be able to find out for my state


got to the website of your state and look around in some department related to consumer affairs, etc.

for example in Calif, the website is

Is there a time limit on using a deposit after someone has moved out? I vacated my apartment six months ago and still have not received my money back.

The apartment was occupied a week after I vacated, and no changes have been made as of yet. Apparently, he is going to paint the entire apartment, re-install new doors, and fix something that the directTV people did to the roof.

***My last landlord was a shady character, who deals with all cash and no checks. This is in Brooklyn, New York

I think most states have a limit (e.g. Calif is 60 days) on the return of the deposit. Six months is not reasonable

Here’s what to do:

  1. Send a letter demanding return of deposit; sned it certified mail or some other way that you can verify delivery ( you will need that for step 2). Be sure to include an address where payment is to be sent.

  2. After he ignors you, sue him in small claims court (no lawyer needed); that will get his attention

Good Luck

Thanks! Another quick question, if we never painted the walls and spackled the holes up, is money allowed to be taken out of the deposit to repaint the whole apartment? Especially since he hasn’t done it yet and other people have been living there for so long?

How long did you live there?

How bad were the walls when you left?

Paint falls under “fair wear and tear” and unless you left holes, stains, etc. he should just paint and be done with it…

If he did not do it before he moved another tenant in, then he missed his chance to charge you…who’s to say that you did this and the other tenant did that?

I would demand 100% return of the deposit unless he can produce valid receipts that work was done…not likely, especially after 6 months.

Follow aak5454’s advice…landlords don’t like going to court. I’ll bet you get your deposit back.


We were there for a year, and the walls were in great shape (except for the spackle). We have pictures to prove it. Should they be sent in the certified mail as well?

does anyone know of a state where you can only get half the 1st month rent as deposit? or am i just imagining things ::slight_smile:

Here in AZ a lot of people charge first last AND a security deposit equal to 1 month rent.
I’ve never heard of only getting half of 1 months rent for a deposit.
Try calling a local property management company, maybe they can help??