How to dispute security deposit deductions
You got an itemized list and some of it looks wrong. Disputing it well comes down to three things: be specific about which charges and why, put it in writing, and send it with a delivery record. A precise written objection is far harder to dismiss than a phone call, and it's the document you'll rely on if this reaches small claims.
Do this before anything else
Don't sign the landlord's damage list if you disagree with it, and don't let a dissent deadline pass in silence. In Georgia, a tenant who signed the list — or received one and didn't object in writing — cannot recover under the penalty statute at all. Silence can cost you the claim.
Six things to check
1. Did the itemization arrive on time?
Most states require a written, itemized statement within a set number of days. In many, a late statement forfeits the landlord's right to keep any of the deposit — even for legitimate damage. Check this first, because it can end the argument before it starts.
2. Is anything being charged at full replacement cost?
Carpet, paint and appliances all have a useful life. If a carpet was eight years into a ten-year life, you can be charged at most for the remaining value — not for a brand-new one. Landlords bill full replacement constantly and lose on it constantly.
3. Is any of it normal wear and tear?
Faded paint, worn walkway carpet, small nail holes, sticking doors, aged grout. None of that is chargeable in essentially any state. It is the single most common improper deduction.
4. Is there a flat cleaning fee?
Most states allow a cleaning charge only to return the unit to the condition it was in when you moved in. A blanket 'professional cleaning fee' applied to a unit you left clean is usually not enforceable.
5. Are there receipts?
Round numbers with no invoices attached are worth challenging on their own. Ask, in writing, for documentation of every charge.
6. Was it already broken when you moved in?
Pre-existing damage is not yours. This is what your move-in photos are for.
What to put in the letter
- The deposit amount you paid and the amount returned, if any
- Each disputed charge, listed separately, with your reason — age of the item, evidence it was pre-existing, absence of a receipt, or that it's ordinary wear
- The statute your state gives, the deadline it set, and the penalty it imposes
- A specific amount you're asking for, and a firm date
- A note that you're keeping a copy and the delivery record
Keep the tone flat and factual. You're writing for the judge who may read it later, not to vent at the landlord — and a calm, specific letter reads as someone who will follow through.
We'll write it for you
Answer a few questions and we'll generate a letter citing your state's statute, the deadline, and the penalty for withholding wrongly. Free to generate and download — or $29 for us to send it certified with tracking.
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Common questions
- How do I dispute a security deposit deduction?
- Put it in writing, be specific about which charges you dispute and why, and send it by certified mail. Address each charge separately — a blanket 'I disagree with all of it' is far weaker than 'the carpet was eight years old and you charged me full replacement cost.' Keep a copy and the delivery receipt.
- How long do I have to dispute the deductions?
- Sooner is better, and in some states it genuinely matters. Georgia bars a tenant who signed the landlord's damage list — or received one and didn't dissent in writing — from recovering under the penalty statute at all. Where a state gives you a dissent window, missing it can cost you the claim entirely.
- What if the landlord's charges have no receipts?
- Ask for them in writing. An itemization with round numbers and no invoices is common and is worth challenging — in court, a landlord generally has to substantiate what they spent, and a $400 'cleaning' line with nothing behind it tends not to survive.
- Can I dispute a charge for something that was already damaged?
- Yes. You are not responsible for pre-existing damage. Move-in photos, a signed move-in condition report, or an email where you flagged the problem when you arrived are the evidence that settles this.
- Should I accept a partial refund?
- That's your call, but be careful how it's framed. If a landlord sends a cheque marked 'payment in full' or asks you to sign a release, cashing it may end your claim. If you intend to keep disputing, say so in writing before you deposit anything.
General information, not legal advice. We are not a law firm.