Are security deposits refundable?
Yes. A security deposit is money your landlord holds against unpaid rent or damage, and whatever isn't legitimately used for those purposes is yours. That's what makes it a deposit rather than a fee— and in most states, what the landlord chose to call it on the lease doesn't change what it legally is.
The test isn't the label
Courts generally look at what the money is for, not what it's named. Money held as security against damage is a security deposit even if the lease calls it a “non-refundable move-in charge.” Renaming it doesn't remove the statutory protections that attach to it.
Deposit vs. fee
| Security deposit | Fee |
|---|---|
| Held as security against rent or damage | Payment for a specific thing |
| Returned to the extent it isn't used | Not returned — it bought something |
| Usually capped by statute | Often unregulated, but must be disclosed |
| Landlord must justify what they keep | No justification needed |
| Statutory deadline to return it | No return deadline |
When a non-refundable charge actually holds up
Some states do permit genuinely non-refundable fees — but almost always with conditions. The most common is disclosure: the charge has to have been identified in writing as non-refundable at the time it was taken. Utah says this in statute directly, and the practical effect is that a landlord who decides after you move out that your deposit was “non-refundable” has almost certainly lost that argument.
The second common condition is separation. A non-refundable fee usually has to be charged separately from the deposit and for a specific purpose — a pet fee, an amenity, an application. Folding it into one lump labelled “deposit” tends to make the whole sum refundable.
Your lease can't sign away statutory rights
Many state deposit statutes contain a non-waiver provision — language saying a tenant cannot give up the protections the statute grants, and that a lease clause attempting it is void. So a line in your lease saying the deposit is non-refundable, or that you waive the itemization requirement, may simply have no legal effect.
This varies by state, and it is worth checking rather than assuming in either direction.
Told your deposit was non-refundable?
If your landlord is keeping a deposit on the strength of a label, a letter citing your state's statute is the fastest way to test that. Free to generate and download.
Write my demand letterCommon questions
- Are security deposits refundable?
- Yes. A security deposit is money held against unpaid rent or damage, and whatever isn't used for those purposes belongs to you. That refundability is what makes it a deposit rather than a fee — and in most states, the label a landlord puts on it doesn't change what it legally is.
- Can a landlord charge a non-refundable deposit?
- 'Non-refundable deposit' is close to a contradiction in terms, and several states treat any sum held as security as refundable no matter what it's called. Some states do allow genuinely non-refundable fees, but usually only where the fee was clearly disclosed in writing as non-refundable when it was taken — Utah says exactly that in statute.
- What about a non-refundable pet fee or cleaning fee?
- This is where it varies most. Some states permit a true non-refundable pet or cleaning fee if it's disclosed properly in the lease and charged separately from the deposit. Others treat it as part of the deposit regardless of the label, meaning the landlord still has to justify keeping it. Check your state page.
- My lease says the deposit is non-refundable. Is that enforceable?
- Often not. A lease clause that waives protections state law gives you is void in many states — you generally cannot contract away a statutory right. That said, enforceability depends on your state and how the charge was structured, so it's worth reading your state's rules rather than assuming either way.
- What's the difference between a deposit and a fee?
- A deposit is held as security and returned to the extent it isn't used. A fee is payment for something — an application, a pet, an amenity — and is not held against future damage. The practical test isn't the name on the lease, it's what the money is for and how it's held.
General information, not legal advice. We are not a law firm. Rules on non-refundable fees vary meaningfully between states.