How to Dispute a Security Deposit

Step 1 — Document the Move-Out

The single biggest factor in a deposit dispute is contemporaneous evidence of the unit's condition when you handed back the keys. Before the move-out walkthrough, take date-stamped photos and video of every room, every appliance, every wall, and every floor. Open cabinets and closets. Capture the condition of the carpet, the inside of the oven, and the bathroom grout.

If possible, do the walkthrough with the landlord or property manager and ask them to sign a move-out condition checklist. If they refuse, bring a friend or family member as a witness and have them sign a dated note describing what they observed.

Step 2 — Provide a Written Forwarding Address

In every state covered by this guide, the deposit-return clock only starts once the landlord has the tenant's forwarding address in writing. Send it by certified mail with return receipt or email with delivery confirmation, and keep a copy. State the date you moved out and the address where the deposit (or the itemization) should be sent.

Step 3 — Know Your State's Deadline

Each state covered by this guide gives the landlord a fixed window to either return the full deposit or send an itemized statement of deductions. After that window passes, the landlord generally loses the right to withhold any portion of the deposit.

• Texas: 30 days from move-out plus forwarding address (Tex. Prop. Code §92.103).
• Arizona: 14 business days from termination + tenant request (ARS §33-1321(D)).
• Nevada: 30 days from end of tenancy (NRS 118A.242).
• New Mexico: 30 days from termination of the rental agreement (NMSA §47-8-18(C)).

Step 4 — Send a Formal Demand Letter

If the deadline passes without a return or an itemization, the next step is a written demand letter. Keep it factual and specific: list the move-out date, the date the forwarding address was provided, the amount being demanded, and a deadline for the landlord to respond (10–14 days is typical).

Send the demand letter by certified mail with return receipt requested. The certified-mail receipt becomes Exhibit A if you end up in small claims court — it proves the landlord had notice and an opportunity to cure before being sued.

NotALawyer.com's letter writer can draft a formatted demand letter for your state — visit /letters and select "Demand Letter" to start.

Step 5 — File in Small Claims

If the demand letter goes unanswered, small claims court is the next step. Filing fees range from about $30 to $100 depending on the county, and you generally do not need a lawyer. In Texas Justice Court, lawyers are allowed but not required; in many other small-claims courts, lawyers are barred entirely.

Bring the originals of: the lease, the move-out photos and video, the certified-mail receipts, the forwarding-address letter, the demand letter, and any communication from the landlord. Multiple states allow the tenant to recover statutory damages on top of the withheld deposit when the landlord acted in bad faith — Texas allows up to three times the withheld amount plus $100 plus lawyer's fees (§92.109).