buildmyevidence · guide
How to Get Your Security Deposit Back
The short answer: To get your security deposit back, document the condition of the rental with timestamped photos at both move-in and move-out, keep your lease and every message with your landlord, and send a written demand for the deposit. If it goes to small claims court, the person with dated photos and clear records usually wins. Your evidence is the before-and-after proof of the condition you left the place in.
Most deposit disputes come down to one question: what condition was the place in? This guide shows you how to prove it.
What can a landlord legally deduct from my deposit?
Generally, a landlord can deduct for unpaid rent and for damage beyond normal wear and tear — but usually not for ordinary wear, and often only with itemized proof. Normal wear (faded paint, minor scuffs, worn carpet) is typically the landlord's responsibility; actual damage (holes, stains, breakage) may be deductible. Rules, limits, and deadlines vary by state, so check your local law.
Why are move-in and move-out photos so important?
Because together they prove the condition you left the place in versus how you found it. Timestamped photos at move-in establish a baseline; timestamped photos at move-out show what you actually left. If a landlord claims damage that was already there, your move-in photos disprove it. If they claim you left a mess, your move-out photos show otherwise. The dates are what make these photos powerful.
What should I document to protect my deposit?
- Timestamped photos and video of every room at move-in and again at move-out.
- Your signed lease and any move-in condition report.
- Every message with your landlord, dated.
- Your written demand for the deposit's return, and your forwarding address.
- Any receipts for cleaning or repairs you did.
How do I make sure my photos count as evidence?
Take them at move-in and move-out, make sure the date is captured (many phones save the date, time, and location in the photo's data automatically), and keep the originals unaltered. Photograph clearly and thoroughly — wide shots of each room plus close-ups of anything notable. Save and back them up so they're not lost when you change phones.
How do I write a demand for my deposit?
Send a written request (email or letter) stating that you're requesting the return of your deposit, referencing your lease and move-out date, noting the condition you left the property in, and giving your forwarding address. Keep a dated copy. A clear written demand, backed by your photos and records, is often what prompts a landlord to return the money — and it's key evidence if you go to small claims court.
When should I start documenting?
At move-in, before you unpack — that's when you capture the baseline that protects you at move-out. If you're already moving out and didn't document move-in, take thorough move-out photos now and gather whatever earlier evidence exists. Starting at move-in is ideal; starting now is far better than not at all.
Frequently asked questions
How do I prove my apartment was clean when I moved out?
Timestamped photos and video taken at move-out, ideally alongside move-in photos to show the before-and-after. Keep them dated and unaltered.
What can a landlord legally deduct from a deposit?
Generally unpaid rent and damage beyond normal wear and tear, usually with itemized proof — not ordinary wear. Rules and deadlines vary by state.
How long does a landlord have to return my deposit?
It varies by state, and your lease or your state's tenant information page will tell you what applies to you. What helps either way is a dated record: when you moved out, when you returned the keys, when you gave a forwarding address, and every time you asked about the deposit.
What should I document to get my deposit back?
Move-in and move-out photos, your lease, every message with the landlord, your forwarding address, and your written demand — all dated.
General information, not legal advice. Laws vary by location. For your situation, consult a qualified lawyer.