What can a landlord charge for at move-out (cleaning, painting, carpet)?
Short answer: Landlords can usually deduct for unpaid rent and for damage beyond normal wear and tear, but not for the ordinary aging of paint, carpet and fixtures. Some states define wear and tear or limit cleaning charges by statute.
Use the deposit deadline calculator to see when your landlord must return the deposit.
The rule in every state
Each answer below links to the statute or official page it comes from (51 of 51 jurisdictions verified).
| State | Wear and tear / move-out charges | Itemized deductions |
|---|---|---|
| Alabama | The statute does not define normal wear and tear. A landlord may deduct from the deposit only accrued rent and damages caused by the tenant's failure to meet the tenant's duties, such as deliberately or negligently damaging the premises or failing to keep the unit clean and safe. The deductions must be itemized. Ala. Code §§ 35-9A-201(b)-(c), 35-9A-301 | If the landlord does not refund the whole deposit, the landlord must give the tenant an itemized list of the amounts withheld within the 60-day period. Deductions are limited to accrued rent and damages from the tenant's failure to meet the duties in § 35-9A-301. Ala. Code § 35-9A-201(b)-(c) |
| Alaska | Defined by statute: deterioration from the intended use of the rental unit without negligence, carelessness, accident, misuse or abuse by the tenant, household members, invitees or guests. Deposit deductions for damages may not include normal wear and tear or deterioration caused by the landlord's failure to prepare for expected conditions or meet its own duties. At move-out the tenant must leave the unit in substantially the same condition as at the start, except normal wear and tear, including professional carpet cleaning if the landlord requires it and the carpets were professionally cleaned right before the tenancy began. AS 34.03.070(b), (i)(1); AS 34.03.120(c) | The landlord must give a written, itemized list of deductions (accrued rent and damage beyond normal wear and tear) with any refund. 'Nonrefundable' cleaning fees and automatic forfeitures are treated as unlawful. AS 34.03.070(b), (i)(1); AS 34.03.120(c) |
| Arizona | The statute does not define normal wear and tear. The landlord may apply the deposit to rent, charges specified in the signed lease (subject to the duty to mitigate), and damages caused by the tenant's failure to meet tenant duties, such as deliberately or negligently damaging the premises. Deductions must be itemized within 14 business days after move-out and the tenant's demand. A.R.S. §§ 33-1321(D), 33-1341(6) | The landlord must provide an itemized list of all deductions together with any amount due to the tenant. Deductions may cover rent, charges specified in the signed lease (subject to the duty to mitigate), and damages from the tenant's noncompliance with § 33-1341. If the tenant does not dispute the deductions within 60 days after mailing, the list becomes final and further claims are waived. A.R.S. § 33-1321(D) |
| Arkansas | Arkansas statutes do not define normal wear and tear. A landlord may keep deposit money only for accrued unpaid rent and damages caused by the tenant's noncompliance with the rental agreement, itemized in a written notice within 60 days. Tenants must not deliberately or negligently damage the premises or let guests do so. Ark. Code Ann. §§ 18-16-305(a), 18-17-501(a), 18-17-601(6) | The landlord may deduct unpaid rent and the cost of repairing damage. Any deductions require a written, itemized list delivered to the tenant within 60 days of vacating. Ark. Code Ann. § 18-16-305 |
| California | The statute does not define ordinary wear and tear, but the landlord may not charge for it, its effects, or conditions that existed before the tenancy, including the cumulative effects of wear across tenancies. Deductions are limited to reasonable amounts to repair damage caused by the tenant or the tenant's guests and to clean the unit back to its move-in level of cleanliness. Professional carpet or other professional cleaning may be charged only if reasonably necessary to restore move-in condition, excluding ordinary wear and tear. Landlords must photograph the unit at move-out (from April 1, 2025) and at move-in (tenancies beginning on or after July 1, 2025). Cal. Civ. Code § 1950.5(b)(2)-(3), (e), (g) | The landlord must give an itemized statement of deductions. For deductions over $125, it must include copies of receipts or invoices, or the landlord's own time and hourly rate. If work cannot be finished within 21 days, a good-faith estimate is allowed, with documents due within 14 days of completion. Deductions for repairs or cleaning must include photographs. The tenant may also request a pre-move-out initial inspection, at which the landlord lists proposed deductions so the tenant can fix them. Cal. Civ. Code § 1950.5(f), (g), (h)(2)-(5) |
| Colorado | Defined by statute: deterioration from the intended use of the rental unit, without negligence, carelessness, accident or abuse of the premises, equipment or furnishings by the tenant, household members, invitees or guests. No part of a security deposit may be kept to cover normal wear and tear, and any retention requires a written statement listing the exact reasons. C.R.S. §§ 38-12-102(4), 38-12-103(1) | A written statement listing the exact reasons for any amount kept, sent with the balance. Deductions are allowed only for nonpayment of rent, utility charges, other lawful charges listed in the lease, and necessary repairs for damage beyond normal wear and tear that did not exist before the tenancy. If the tenant asks in writing within 14 days after receiving the statement, the landlord must provide relevant documentation (photos, inspection reports, receipts, invoices, estimates). Either party may request a walk-through inspection before move-out. C.R.S. § 38-12-103(1), (1.5), (8) (as amended by HB 25-1249) |
| Connecticut | Connecticut statutes do not define normal wear and tear. At move-out the landlord may deduct only damages suffered because the tenant failed to comply with tenant obligations, with a written itemized statement. Tenants must not willfully or negligently damage the premises or let others do so. Since January 1, 2024, landlords must offer a pre-move-in walk-through using the state checklist, and may not charge for any condition noted on that checklist. Conn. Gen. Stat. §§ 47a-21(d), 47a-11(f), 47a-7c | Landlord must return the full deposit plus interest, or the balance after deductions together with a written statement itemizing the nature and amount of each damage, within the § 47a-21(d)(2) deadline. Conn. Gen. Stat. § 47a-21(d)(2) |
| Delaware | Defined by statute as the deterioration in the condition of a property from its ordinary and reasonable use. A security deposit may be used to reimburse actual damages caused by the tenant that exceed normal wear and tear or that cannot be corrected by painting and ordinary cleaning, plus unpaid rent and certain re-renting costs. The landlord must give an itemized list of damages and estimated repair costs within 20 days; otherwise it is treated as acknowledging no damages are owed. 25 Del. C. §§ 5141 (normal wear and tear), 5514(c), (f) | Within 20 days, an itemized list of damages with the estimated repair cost for each, plus payment of the balance. Failure to send the list is an acknowledgment that nothing is owed for damages. Tenant who accepts the payment agrees to the deductions unless the tenant objects in writing within 10 days of receiving it. 25 Del. C. § 5514(f) |
| District of Columbia | The landlord may charge the deposit for the cost of repairing damage caused by the tenant or a guest, but not for repairing ordinary wear and tear. Within 45 days after the tenant vacates, the landlord must either return the deposit with interest (for tenancies of 12 months or more) or give written notice of amounts claimed, and must return any balance within 30 days after that notice. 14 DCMR §§ 308-311; D.C. Code § 42-3502.17; D.C. Tenant Bill of Rights § 4 | Within 45 days, written notice of any claimed unpaid rent, damage beyond ordinary wear and tear, or cost of removing abandoned items, with supporting documentation and a statement of the tenant's right to dispute. Tenant has 30 days to dispute; landlord must respond within 10 days. Ordinary wear and tear may not be charged. D.C. Code § 42-3502.17(c), (e) |
| Florida | Not defined by statute. Florida's deposit law sets the claim-notice procedure (30-day notice of intent to claim, 15 days for the tenant to object) but does not define normal wear and tear or list allowed deductions for cleaning, painting, or carpet. Deductions must be for damage or other amounts owed under the lease; disputes are decided by a court. Fla. Stat. § 83.49(3) | Written notice of intention to impose a claim, stating the amount and reason, sent within 30 days of termination in the statutory form; tenant has 15 days after receipt to object in writing. Fla. Stat. § 83.49(3)(a)-(b) |
| Georgia | A landlord may not keep any part of the deposit for ordinary wear and tear from using the premises as intended, as long as there was no negligence, carelessness, accident, or abuse by the tenant, household members, invitees, or guests. Deductions are allowed for unpaid rent and late fees, abandonment, unpaid utilities, repair or cleaning the tenant contracted for with third parties, unpaid pet fees, and actual damages from the tenant's breach (with mitigation). The state handbook adds that repair charges should reflect the item's condition at move-in (e.g., the value of a ten-year-old carpet, not a new one) and must be reasonable, and that landlords generally are not responsible for carpet cleaning during the tenancy unless the lease says so. O.C.G.A. § 44-7-34(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 11, 15 | If any amount is kept, the landlord must give a written statement of the specific reasons within 30 days, with the itemized damage list if damage is claimed, and the balance due. No deduction for normal wear and tear. Landlords with more than 10 units or a fee-paid management agent must also give a move-in damage list and do a move-out inspection within 3 business days, giving the tenant a signed damage list; the tenant may inspect within 5 business days and sign or note disagreements. O.C.G.A. §§ 44-7-33, 44-7-34 |
| Hawaii | Defined by statute: 'normal wear and tear' means deterioration or depreciation in value by ordinary and reasonable use, but does not include items missing from the unit. The deposit may be used for tenant damage beyond that, unpaid rent, unreturned keys/fobs/openers, cleaning the unit to return it to the condition at move-in, damage by an allowed pet (from the separate pet deposit), and unpaid landlord-provided utilities. Cleaning charges must be supported with written evidence such as receipts or cleaning-service charges. Painting and carpet are not specifically addressed. HRS §§ 521-8; 521-44(a), (c); 521-51(7) | Written notice of the particulars and grounds for any retention, with written evidence of costs (estimates, invoices, receipts), within 14 days. If the landlord fails to do so, it may not keep any of the deposit and must return all of it. HRS § 521-44(c) |
| Idaho | A landlord may not keep any part of the deposit for normal wear and tear, defined as deterioration from the use for which the unit is intended, without negligence, carelessness, accident, misuse, or abuse by the tenant, household members, invitees, or guests. Deductions are limited to contingencies in the deposit arrangement and must be itemized with a detailed list of expenditures. The Attorney General's examples: faded curtains, carpet, and paint, minor wall nicks, and moderate carpet dirt are wear and tear; cigarette burns, pet damage, excessive wall damage, and grime-coated fixtures are tenant damage. Idaho Code § 6-321(1), (2); Idaho AG, Landlord and Tenant Manual (July 2026), p. 23 | If only part of the deposit is refunded, the landlord must include a signed statement itemizing the amounts kept, the reasons, and the expenditures. Deductions may not be taken for normal wear and tear. Idaho Code § 6-321 |
| Illinois | Not defined by statute, but deposits may not be kept for normal wear and tear. To withhold for damage, the landlord must give an itemized statement of damage and repair costs with paid receipts within 30 days (by delivery, mail, or e-mail to a verified address). If the written lease specifies costs for cleaning, repair, or replacement of specific components, the landlord may withhold those amounts, but they must be for damage beyond normal wear and tear and reasonable to restore the unit to its condition at the start of the lease. The landlord may charge reasonable cost of its own labor. 765 ILCS 710/1(a) | Itemized statement of damage with estimated or actual repair/replacement cost for each item, with paid receipts (or copies) attached, delivered within 30 days by personal delivery, postmarked mail, or email to a verified address; if estimates are used, paid receipts must follow within 30 days. If receipts are unavailable through no fault of the landlord, a verified statement explaining why is allowed. 765 ILCS 710/1(a)-(b) |
| Indiana | Not defined in detail by statute. A deposit may be used only to reimburse actual damages to the unit or ancillary facilities that are not the result of ordinary wear and tear, unpaid rent (including rent due for early termination), the last rent payment if agreed in writing, and unpaid tenant utility or sewer charges the landlord paid. At move-out the tenant must deliver the unit in a clean and proper condition, excepting ordinary wear and tear. The itemized damage list (with estimated repair cost for each item) is due within 45 days. IC 32-31-3-13; IC 32-31-3-14; IC 32-31-7-6 | Within 45 days after termination of occupancy, landlord must mail an itemized list of damages with the estimated cost of repair for each item, plus a check or money order for the balance. Deposits may be used only for actual damage beyond ordinary wear and tear, unpaid rent (including rent due for early termination), the last rent period if agreed in writing, and unpaid utility/sewer charges owed by the tenant. IC 32-31-3-13, 32-31-3-14 |
| Iowa | Not defined by statute. The landlord may withhold from the deposit amounts reasonably necessary to cover unpaid rent or other funds due under the lease, to restore the unit to its condition at the start of the tenancy (ordinary wear and tear excepted), and to recover expenses of regaining possession from a tenant who did not leave in good faith after a noncompliance notice. The landlord bears the burden of proving the reason for any withholding. Iowa Code § 562A.12(3) | Written statement showing the specific reason for withholding any portion; if withheld for restoration, it must specify the nature of the damages. Allowed deductions: unpaid rent or other funds due under the lease, restoring the unit to move-in condition (ordinary wear and tear excepted), and costs of recovering possession from a tenant who fails in bad faith to vacate. Landlord bears the burden of proof. Iowa Code § 562A.12(3) |
| Kansas | Not defined by statute. Kansas' deposit law does not use the term 'wear and tear'; it allows the deposit to be applied only to accrued rent and to damages the landlord suffered from the tenant's noncompliance with the tenant's statutory duties and the lease, itemized in a written notice. The tenant's duties include responsibility for destruction, defacement, damage, impairment, or removal of any part of the premises caused by the tenant or by anyone (or any animal or pet) on the premises with the tenant's permission. K.S.A. 58-2550(b); 58-2555(f) | Deductions for accrued rent and damages from the tenant's noncompliance must be itemized by the landlord in a written notice delivered to the tenant. K.S.A. 58-2550(b) |
| Kentucky | Not defined by statute. Kentucky's deposit statute (in URLTA areas) does not use the term 'wear and tear'; instead it requires a signed move-in list of existing damage before the deposit is paid and a signed move-out list of damage that is the basis for any charge, with estimated repair costs. A tenant who disagrees must dissent in writing to specific items; tenants who neither sign nor dissent cannot later recover. A landlord who fails to keep deposits in a separate account or to provide both damage lists may not keep any part of the deposit. KRS 383.580(2)–(5) | URLTA areas: before taking a deposit, the landlord must give a signed move-in list of existing damage with estimated repair costs; at move-out the landlord must inspect and compile a signed list of damages with estimated costs, which the tenant may inspect and dispute in writing. Deposits must be kept in a separate account at a regulated institution and the tenant told the bank and account number. Non-URLTA areas: no statute. KRS 383.580(1)-(3), (5) |
| Louisiana | The landlord may keep any part of the deposit reasonably necessary to remedy a tenant's default or 'unreasonable wear' to the premises, with an itemized statement of reasons. Under the Civil Code, the lessee must return the property in the same condition as delivered, except for normal wear and tear. The lessee must also repair damage caused by their fault, or that of people on the premises with their consent, and deterioration beyond normal or agreed use. Neither law defines wear and tear or specifically addresses cleaning, painting or carpet. La. R.S. 9:3251(A); La. C.C. arts. 2683(3), 2692 | If any part of the deposit is kept for the tenant's default or unreasonable wear, the landlord must send an itemized statement of the amounts kept and the reasons. It is due within one month after the tenancy ends, or within an additional 15 days after that date (2026 amendment). La. R.S. 9:3251(A) |
| Maine | Defined by statute: deterioration that occurs from the intended use without negligence, carelessness, accident or abuse by the tenant, household members or guests. A deposit cannot be kept for normal wear and tear. Normal wear and tear does not include removing trash or other items the tenant left behind. If the unit was rented in habitable condition, it also does not include the cost of restoring it to habitable condition, which can include cleaning, unless the landlord or outside events caused the need. Deductions may also cover storing and disposing of unclaimed property, unpaid rent and unpaid utilities owed to the landlord. 14 M.R.S. § 6031(1); § 6033(1)-(2) | If any part is withheld, the landlord must give a written statement itemizing the reasons for retention and return the balance within the § 6033 deadline. Normal wear and tear may not be deducted. Mailing to the tenant's last known address satisfies the requirement. 14 M.R.S. § 6033(1)-(2) |
| Maryland | Deposits may be withheld for unpaid rent, for damage from breach of the lease, or for damage by the tenant, family, agents, employees, guests or invitees beyond 'ordinary wear and tear' to the premises, common areas, major appliances and landlord-owned furnishings. The statute doesn't define ordinary wear and tear or specifically address cleaning, painting or carpet. Deductions must be itemized with actual costs. Md. Code, Real Prop. § 8-203 | Within 45 days after the tenancy ends, the landlord must send a written list of damages claimed plus an itemized statement of the cost of each (with supporting documentation; cost estimates allowed) by first-class mail to the tenant's last known address. If the landlord does not, it forfeits the right to withhold any of the deposit for damages. Where estimates were used, the landlord must notify the tenant when repairs are done and refund any excess within 30 days. Md. Code, Real Prop. § 8-203(g), (j), (k) |
| Massachusetts | A landlord may deduct from the deposit only unpaid rent or water charges, a share of a real estate tax increase owed under a tax-escalation clause, and the reasonable cost of repairing damage caused by the tenant or people under the tenant's control or on the premises with consent. 'Reasonable wear and tear' is excluded. Damage deductions require an itemized list, sworn under penalties of perjury, detailing the damage and repairs, with written evidence of costs such as estimates, bills or receipts. The statute does not define reasonable wear and tear or list cleaning or painting as allowed deductions. M.G.L. c. 186, § 15B(4)(i)-(iii) | To keep any part of the deposit for damage, the landlord must give the tenant, within 30 days after the tenancy ends, an itemized list of the damage. The list must be signed under the pains and penalties of perjury, describe the damage and repairs in precise detail, and include written evidence such as estimates, bills, invoices, or receipts. G.L. c. 186, § 15B(4)(iii) |
| Michigan | A deposit may be used only to reimburse actual damage to the unit or ancillary facilities that is the direct result of conduct not reasonably expected in the normal course of habitation, and for rent arrears, rent from early termination by the tenant, and unpaid utility bills. Ordinary wear from normal living cannot be charged. Landlords must use move-in and move-out inventory checklists covering items such as carpeting, draperies, appliances, walls, paint and fixtures. The tenant has 7 days after moving in to note the condition. The statute doesn't specifically mention cleaning charges. MCL 554.607; MCL 554.608 | Itemized notice of damages, mailed within 30 days after occupancy ends, listing each claimed damage, the estimated cost of repair for each item, and the amounts and bases for the charges, plus payment of any balance. Must include a bold notice (12-point boldface, at least 4 points larger than body text) that the tenant must respond by mail within 7 days or forfeit the amount claimed. MCL 554.609; MCL 554.612; MCL 554.608 |
| Minnesota | A landlord may withhold from the deposit only amounts reasonably necessary to cover unpaid rent or other money owed under an agreement, or to restore the premises to their condition at the start of the tenancy, 'ordinary wear and tear excepted.' The term is not defined, and the statute doesn't specifically address cleaning, painting or carpet. In a deposit dispute, the landlord has the burden of proving the reason for withholding. Minn. Stat. § 504B.178, subd. 3(b)-(c) | If any amount is withheld, the landlord must give a written statement showing the specific reason for the withholding. Deductions are limited to amounts reasonably necessary to cover rent or other payment defaults by the tenant, or to restore the unit to its move-in condition, ordinary wear and tear excepted. Minn. Stat. § 504B.178, subd. 3 |
| Mississippi | Using a written, itemized notice, the landlord may claim from the deposit only amounts reasonably necessary to cover unpaid rent, to repair damage caused by the tenant 'exclusive of ordinary wear and tear,' to clean the premises at the end of the tenancy, or for other reasonable and necessary expenses from the tenant's default. These deductions are allowed only if the deposit was made for those purposes. Cleaning is expressly allowed. Wear and tear is not defined, and painting and carpet are not specifically addressed. Miss. Code Ann. § 89-8-21(3) | Required. To keep any part of the deposit, the landlord must send the tenant a written notice itemizing each amount claimed. The landlord may keep only what is reasonably necessary for unpaid rent, damage the tenant caused beyond ordinary wear and tear, cleaning at the end of the tenancy, or other reasonable and necessary expenses caused by the tenant's default. Miss. Code Ann. § 89-8-21(3) |
| Missouri | A deposit may be withheld only for amounts reasonably necessary to cover unpaid rent, to restore the unit to its condition at the start of the tenancy ('ordinary wear and tear excepted'), or for actual damages from the tenant's failure to give proper notice (with reasonable efforts to mitigate). Carpet cleaning: the lease may set amounts or fees for carpet cleaning, and amounts actually spent may be withheld if the lease also tells the tenant they may be liable for actual carpet-cleaning costs beyond ordinary wear and tear. The landlord must give a receipt for actual carpet-cleaning costs within 30 days after the tenancy ends. 'Ordinary wear and tear' is not defined. RSMo 535.300.4 | Required. Withholding must be listed in a written itemized list of damages. Allowed deductions: unpaid rent; restoring the unit beyond ordinary wear and tear; carpet cleaning if the lease contains the required notice and a receipt is provided within 30 days; actual losses from the tenant's inadequate termination notice if the landlord tried to mitigate. RSMo 535.300.3-.4 |
| Montana | No standalone definition of 'normal wear and tear.' Deductible 'damage' is tangible loss, injury, or deterioration caused by willful or accidental acts or omissions of the tenant or the tenant's family, licensees, or invitees. 'Cleaning expenses' are actual and necessary cleaning costs not attributable to normal wear. Cleaning charges may not be imposed for normal cyclical maintenance the landlord noted at move-in, and require prior written notice giving the tenant 24 hours to do the cleaning. Mont. Code Ann. §§ 70-25-101(1)-(2), 70-25-201(1), (3) | Landlord must give the departing tenant a written list of rent due and damage/cleaning charges, with any refund, within 30 days. Failure to provide the list forfeits all rights to withhold any part of the deposit for damage or cleaning. Cleaning deductions require prior written notice listing the cleaning needed; the tenant then has 24 hours to do it. Mont. Code Ann. §§ 70-25-201(3), 70-25-202, 70-25-203 |
| Nebraska | Not defined by statute. At move-out the tenant must leave the unit as clean as when the tenancy began, 'excepting ordinary wear and tear.' The landlord may apply the deposit only to unpaid rent and damages caused by the tenant's noncompliance with the lease or with the tenant's statutory duties. Neb. Rev. Stat. §§ 76-1421(2), 76-1416(2) | Required: a written itemization of the amounts withheld must accompany the returned balance within 14 days. Neb. Rev. Stat. § 76-1416 |
| Nevada | 'Normal wear' means deterioration that occurs without negligence, carelessness, or abuse of the premises, equipment, or chattels by the tenant, a household member, or another person on the premises with the tenant's consent. Deposits may be used for unpaid rent, damage other than normal wear, and reasonable cleaning costs. NRS 118A.110; NRS 118A.240; NRS 118A.242 | Landlord must give an itemized, written accounting of the disposition of the deposit (and/or surety bond) with any remaining balance within 30 days. Deductions limited to unpaid rent, damage beyond normal wear, and reasonable cleaning costs. NRS 118A.242(4) |
| New Hampshire | Not defined by statute. The landlord may deduct repair costs for damage 'excluding reasonable wear and tear,' and must give a written itemized list describing each repair with particularity plus satisfactory evidence (receipts, estimates, invoices) that the repair has been or will be done. Unpaid rent, agreed tax shares, and other lawful lease charges may also be deducted. RSA 540-A:7, I-II | Yes. Written, itemized list of damages beyond reasonable wear and tear, describing each repair with satisfactory evidence it was or will be done (receipts, estimates, invoices); unpaid rent or other charges must be itemized with the period covered. RSA 540-A:7 |
| New Jersey | Not defined by statute. Within 30 days after the tenancy ends the landlord must return the deposit plus interest, less deductions for damage beyond normal wear and tear and other money due under the lease, with an itemized list of deductions sent by personal delivery, registered, or certified mail. Tenants must return the unit in the condition received except for normal wear and tear and are responsible for damage from malicious or abnormal use. N.J.S.A. 46:8-21.1 | Interest and any deductions must be itemized and sent to the tenant by personal delivery or registered or certified mail within the same 30-day period. No deductions may be made from the deposit of a tenant who is still in possession. N.J.S.A. 46:8-21.1 |
| New Mexico | 'Normal wear and tear' means deterioration from the intended use of the unit without negligence, carelessness, accident, abuse, or intentional damage by residents or anyone on the premises with the resident's consent; uncleanliness is not normal wear and tear. No deposit may be retained to cover normal wear and tear. At move-out the resident must leave the unit as clean as at move-in, except for ordinary wear and tear. NMSA 1978, §§ 47-8-3 (definition of 'normal wear and tear'), 47-8-18(C), 47-8-22(B) | If any amount is kept, the owner must give an itemized written list of deductions and the balance within 30 days. No deductions for normal wear and tear; allowed for unpaid rent/utilities, repair work and other legitimate damages from the resident's noncompliance. NMSA 1978, § 47-8-18(C) |
| New York | Not defined by statute. A landlord may retain only reasonable, itemized amounts for unpaid rent, damage caused by the tenant beyond normal wear and tear, unpaid utilities owed directly to the landlord, and moving and storage of the tenant's belongings, and may not retain any amount for ordinary wear and tear of occupancy. The tenant may request a pre-move-out inspection (one to two weeks before move-out, on 48 hours' notice) and then cure listed repair or cleaning items. The landlord bears the burden of proving deductions are reasonable. N.Y. Gen. Oblig. Law § 7-108(1-a)(b), (d)-(f) | Itemized statement showing the basis for any amount retained, within 14 days of move-out. Deductions limited to reasonable, itemized costs for unpaid rent, damage beyond normal wear and tear, unpaid utilities, and moving/storage of tenant belongings. Tenant may request a pre-move-out inspection, after which the landlord must give an itemized list of proposed repairs/cleaning. N.Y. Gen. Oblig. Law § 7-108(1-a)(b), (d), (e) |
| North Carolina | Not defined by statute. The tenant is responsible for damage, defacement, or removal of property in the unit unless due to ordinary wear and tear, acts of the landlord or its agent, defective products or repairs authorized by the landlord, acts of third parties not invited by the tenant, or natural forces. Deposits may be used only for listed purposes, including nonpayment of rent and 'damage to the premises.' N.C. Gen. Stat. §§ 42-43(a)(6), 42-51(a) | Landlord must itemize any damage in writing and mail or deliver it with the balance of the deposit. Deductions allowed only for: unpaid rent and certain utility charges, damage (including to smoke/CO alarms), damages from breaking the rental period, unpaid bills that become a lien, re-renting costs after breach, removal/storage after summary ejectment, court costs, and fees permitted by § 42-46. No deductions for normal wear and tear or above actual damages. N.C. Gen. Stat. §§ 42-51(a), 42-52 |
| North Dakota | Not defined by statute. The landlord may deduct from the deposit for damage from the tenant's pet or the negligence of the tenant or guest, unpaid rent, and cleaning or other repairs that were the tenant's responsibility and are needed to return the unit to its move-in condition, 'reasonable wear and tear excepted.' Deductions must be itemized within 30 days. N.D.C.C. §§ 47-16-07.1(3), 47-16-07.2 | Any portion not returned must be itemized; the itemization, the amount due, and a written notice stating any amount still owed or refund due must be delivered or mailed within 30 days. Allowed deductions: damage from the tenant's pet or negligence of the tenant/guests, unpaid rent, and cleaning/repairs needed to restore the unit to move-in condition, reasonable wear and tear excepted. N.D.C.C. § 47-16-07.1(3) |
| Ohio | Not defined by statute. The landlord may apply the deposit to past-due rent and to damages caused by the tenant's failure to meet statutory tenant duties (e.g., keeping the unit safe and sanitary, not damaging fixtures) or the rental agreement. Deductions must be itemized in a written notice delivered with any balance within 30 days after termination and delivery of possession. Ohio Rev. Code §§ 5321.16(B)-(C), 5321.05(A) | Deductions (unpaid rent and damages from the tenant's noncompliance with § 5321.05 or the rental agreement) must be itemized and identified in a written notice delivered within 30 days. Ohio Rev. Code § 5321.16(B) |
| Oklahoma | Not defined by statute. The deposit may be applied to accrued rent and damages the landlord suffered because of the tenant's noncompliance with the Act and the rental agreement (e.g., the tenant's duty not to deliberately or negligently damage the premises or let any person or pet do so), itemized in a written statement. The balance must be returned within 45 days after termination, delivery of possession and the tenant's written demand. 41 O.S. §§ 115(B), 127(5) | Deductions (accrued rent and damages from tenant noncompliance) must be itemized in a written notice delivered to the tenant by mail with return receipt requested or in person if the tenant can reasonably be found. 41 O.S. § 115(B) |
| Oregon | The landlord may claim from the deposit only the amount reasonably necessary to remedy the tenant's defaults under the rental agreement (including unpaid rent) and to repair damage caused by the tenant, 'not including ordinary wear and tear.' Labor charges for cleaning or repairs must be at a reasonable hourly rate. Machine carpet cleaning may be deducted only if the carpet was cleaned or replaced before the tenant moved in and the written rental agreement provides for the deduction regardless of whether the tenant cleans. The landlord need not actually make a repair to deduct its cost. ORS 90.300(7) | Within the same 31 days, the landlord must give a written accounting stating specifically the basis of each claim. Deductions are limited to amounts reasonably necessary to remedy tenant defaults (including unpaid rent) or repair damage beyond ordinary wear and tear. ORS 90.300(7), (12) |
| Pennsylvania | Not defined by statute. Within 30 days after the lease ends or the premises are surrendered and accepted, the landlord must give a written list of damages the tenant is claimed to be liable for, with payment of the difference between the deposit (plus unpaid interest) and the 'actual damages to the leasehold premises caused by the tenant.' The landlord may also keep the deposit for unpaid rent or other lease breaches. The landlord has the burden of proving actual damages. 68 P.S. § 250.512 | Written list of damages for which the tenant is claimed liable, delivered within 30 days together with payment of the balance. If no list within 30 days, the landlord forfeits the right to withhold any part of the deposit or to sue for damages to the premises. Act § 512(a)-(b) (68 P.S. § 250.512) |
| Rhode Island | Not defined, but excluded: the landlord may deduct only unpaid accrued rent, reasonable cleaning expenses, reasonable trash disposal expenses, and physical damage to the premises 'other than ordinary wear and tear' caused by the tenant's failure to meet statutory tenant duties, itemized in a written notice delivered with the balance within 20 days after the later of termination, delivery of possession, or the tenant providing a forwarding address. R.I. Gen. Laws § 34-18-19(b)-(c) | Written itemized notice of deductions sent with the refund. Allowed deductions: unpaid accrued rent, reasonable cleaning, reasonable trash disposal, and damage beyond normal wear and tear caused by the tenant. R.I. Gen. Laws § 34-18-19(b) |
| South Carolina | Not defined by statute. The landlord may withhold from the deposit only accrued rent and damages suffered because of the tenant's failure to meet statutory tenant duties (keeping the unit reasonably safe and clean, not deliberately or negligently damaging the premises, complying with the lease, etc.), itemized in a written notice with any balance within 30 days after termination and delivery of possession and the tenant's demand, whichever is later. S.C. Code §§ 27-40-410(a)-(b), 27-40-510 | Written notice itemizing the amounts withheld (accrued rent and damages from tenant noncompliance), delivered with any balance due within the 30 days. S.C. Code § 27-40-410(a) |
| South Dakota | Not defined, but excluded: the landlord may withhold only amounts reasonably necessary to cover unpaid rent and other funds due under an agreement, and to restore the premises to their condition at the start of the tenancy, 'ordinary wear and tear excepted.' Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must return the deposit or give a written statement of specific reasons for withholding; an itemized accounting must be provided on request within 45 days. SDCL 43-32-24 | Written statement of the specific reason for any withholding within 21 days; if the tenant requests it, an itemized accounting of any amount withheld within 45 days after the tenancy ends. Deductions are limited to unpaid rent, other money owed under an agreement, and restoring the premises to move-in condition (ordinary wear and tear excepted). SDCL 43-32-24 |
| Tennessee | Not defined by statute. Deposit charges must be based on the tenant's liability for physical damages, supported by a written listing of damages with estimated repair costs; the tenant may attend a move-out inspection, and the signed listing is conclusive except for items the tenant disputes in writing. The deposit may also be applied to unpaid rent and other amounts owed. The statute does not specifically address cleaning, painting or carpet charges. T.C.A. § 66-28-301(b), (d)-(e), (g) | Deductions must be supported by a written listing of damages with estimated repair costs. The tenant has the right to inspect: after a request to vacate, or within 5 days of the tenant's notice to vacate, the landlord may notify the tenant of the right to attend the inspection. At a mutual inspection, both parties sign the listing, and their signatures are conclusive evidence that it is accurate. A tenant who refuses to sign must list in writing the items they dispute. The landlord may inspect alone if the tenant left without written notice, abandoned the unit, was judicially removed, did not respond, did not show up, or did not request an inspection. In that case, on the tenant's written request, the landlord must send a copy of the listing by certificate of mailing. The deposit may also be applied to unpaid rent. T.C.A. 66-28-301(b), (e) |
| Texas | Defined by statute: deterioration that results from the intended use of the dwelling (including breakage or malfunction due to age or deteriorated condition for repair purposes), but not deterioration resulting from negligence, carelessness, accident or abuse of the premises, equipment or furnishings by the tenant, household members or guests. A landlord may not keep any part of a security deposit to cover normal wear and tear, and must itemize deductions in writing. The statute does not list specific cleaning, painting or carpet charges; those are judged against the wear-and-tear definition and the lease. Tex. Prop. Code Sec. 92.001(4); 92.104 | Required: written description and itemized list of all deductions, with the balance of the deposit. No deductions for normal wear and tear. Not required if the tenant owes rent at surrender and there is no dispute about the amount owed. Tex. Prop. Code Sec. 92.104 |
| Utah | Not defined by statute. On termination the owner may apply the deposit to rent, damage beyond 'reasonable wear and tear,' other costs and fees provided in the contract, or cleaning of the unit. Within 30 days after the renter vacates, the owner must return the balance with a written notice itemizing and explaining each deduction. Painting and carpet are not specifically addressed. Utah Code 57-17-3 | Required: written notice itemizing and explaining the reason for each deduction, with the balance of the deposit and any prepaid rent. Deductions allowed for rent, damage beyond reasonable wear and tear, other contractual costs and fees, and cleaning. Utah Code 57-17-3(1)-(2) |
| Vermont | Not defined by statute. A landlord may keep all or part of the deposit only for nonpayment of rent; damage to the landlord's property unless it results from normal wear and tear or from actions or events beyond the tenant's control; unpaid utility or other charges the tenant was required to pay; and the cost of removing abandoned articles. The statute does not list cleaning or painting as a permitted deduction. The deposit must be returned with an itemized statement within 14 days after the landlord learns the tenant vacated. 9 V.S.A. § 4461(b)-(c) | Required: written itemized statement of the reasons for any amount withheld, sent with any balance within 14 days. 9 V.S.A. 4461(c) |
| Virginia | Not defined by statute. The deposit may be applied only to accrued rent and lease-specified late charges, damages from the tenant's breach of statutory tenant duties 'less reasonable wear and tear,' other damages or charges provided in the rental agreement, and actual damages for breach. Deductions must be itemized in a written disposition statement. Cleaning, painting and carpet are not specifically addressed; they depend on the lease and the wear-and-tear limit. Va. Code § 55.1-1226(A), (E)-(G) | Required: written notice itemizing the deposit and any deductions, damages and charges, delivered with any refund within the 45-day period. Va. Code 55.1-1226(A) |
| Washington | 'Wear resulting from ordinary use of the premises' means deterioration from intended use, including breakage or malfunction due to age or deteriorated condition, but not deterioration from negligence, carelessness, accident or abuse by the tenant, family, occupants or guests. No deposit may be withheld for ordinary wear; for carpet cleaning unless the landlord documents carpet wear beyond ordinary use; for items whose condition was not documented in the move-in checklist; or for more than the cost to repair the damaged portion of an item. The landlord must include estimates or invoices (or time and hourly rate for in-house work) to substantiate damage charges. RCW 59.18.030; 59.18.280(1) | Required: a full and specific statement of the basis for retaining any of the deposit, with supporting documentation (estimates, invoices, receipts; time and hourly rate for landlord's own labor). No deductions for ordinary wear, for carpet cleaning unless wear exceeds ordinary use, or for conditions not documented on the move-in checklist. RCW 59.18.280(1) |
| West Virginia | Not defined by statute. A security deposit may be applied only to rent due (and lease-specified late charges), damages from the tenant's noncompliance with the lease 'less reasonable wear and tear,' unpaid tenant utilities the landlord paid, reasonable removal and storage of the tenant's property, and other damages or charges provided in the rental agreement (including third-party repair contractors). Deductions must be itemized in writing within 60 days after the tenancy ends or 45 days after a new tenant moves in, whichever is shorter. Cleaning, painting and carpet are not specifically addressed. W. Va. Code § 37-6A-1(7); § 37-6A-2(a)-(c) | Landlord must give the tenant a written itemization of any damages or charges deducted from the deposit. Landlord must keep itemized deduction records for 1 year after the tenancy ends and let the tenant inspect or copy them within 72 hours of a written request. W. Va. Code §§ 37-6A-2(a), 37-6A-3 |
| Wisconsin | A landlord may not withhold any amount from a security deposit for normal wear and tear, or for other losses the tenant cannot reasonably be held responsible for. Standard deductions are limited to tenant damage, waste or neglect; unpaid rent; certain unpaid utilities and municipal permit fees; and other items listed in a separate signed 'Nonstandard Rental Provisions' document. The official notes to the rule state that routine painting or carpet cleaning (absent unusual damage from tenant abuse) is normal wear and tear; a lease may require the tenant to pay for routine carpet cleaning, but the cost may not be collected in advance or deducted from the deposit. Wis. Stat. 704.28(1)-(3); Wis. Admin. Code ATCP 134.06(3)(c) and notes | If anything is withheld, the landlord must give a written statement describing each item of damage or claim and the amount withheld for it, within the same 21-day deadline and by the same delivery method as the deposit. Normal wear and tear may never be deducted. Deductions not listed in § 704.28(1) are allowed only through a separate 'NONSTANDARD RENTAL PROVISIONS' document. Wis. Admin. Code ATCP 134.06(3)-(4); Wis. Stat. § 704.28(1)-(2) |
| Wyoming | Not defined by statute. The deposit may be applied to accrued rent, damage beyond 'reasonable wear and tear,' the cost to clean the unit to its condition at the beginning of the rental agreement, and other costs provided by contract. The renter must leave the unit cleaned to its move-in condition. Deductions must be itemized in writing with reasons. Painting and carpet charges are not specifically addressed. W.S. 1-21-1208(a); 1-21-1204(a)(viii) | Landlord must deliver or mail a written itemization of deductions, with reasons, together with any balance. Allowed deductions: accrued rent, damage beyond reasonable wear and tear, the cost of cleaning to move-in condition, and other costs provided by contract. W.S. 1-21-1208(a) |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.