Illegal Security Deposit Deductions: What Landlords Can’t Charge

Most security deposit disputes come down to a single question: was the deduction legal? Landlords keep money for “cleaning,” “painting,” and “wear” that the law often does not let them charge for. This guide explains the line between a legitimate deduction and a wrongful one — and what to do when your landlord crosses it.

Across every state, the same principle governs deductions: a landlord can charge you for damage, but not for normal wear and tear. Damage is harm beyond what ordinary, careful use would cause — a cracked window, a pet-stained carpet, a hole punched in a wall. Normal wear and tear is the gradual, expected decline that happens simply from living somewhere: faded paint, minor carpet wear in walkways, small nail holes from hanging pictures. The distinction matters because it decides who pays. Fixing damage is your responsibility; absorbing normal wear is the landlord’s cost of doing business.

These are the charges tenants most often see — and most often should not accept: • Repainting for normal fading or scuffs after a typical tenancy. • Replacing carpet worn only in high-traffic paths (as opposed to torn, burned, or stained carpet). • Routine cleaning to the same condition every tenant leaves — as opposed to cleaning up genuine filth. • “Wear” on fixtures and appliances that simply aged during your tenancy. • Charges with no itemization or no receipts, where the law requires them. • Deductions that exceed the actual cost of the repair. • Fees invented by the landlord that aren’t tied to real damage or unpaid rent.

To be fair to the other side, these are the deductions the law generally does allow: • Unpaid rent or unpaid utilities you were responsible for. • Repair of actual damage beyond normal wear and tear. • Cleaning needed to return the unit to its move-in condition — not a higher standard. • Restoration or replacement specifically permitted by your lease. Even a legal deduction must usually be itemized and, in several states, backed by receipts.

The documentation rules that make a deduction stand or fall vary: • California (Cal. Civ. Code § 1950.5) — deductions limited to four statutory categories; receipts required for anything over $125; before-and-after photos required since April 2025. • Texas (Tex. Prop. Code § 92.104) — itemized list of deductions required; no charge for normal wear and tear. • New York (Gen. Oblig. Law § 7-108) — itemized statement required; deductions limited to unpaid rent and damage beyond ordinary wear. • Florida (Fla. Stat. § 83.49) — the landlord must state the specific reasons for the claim in a certified-mail notice, and you have 15 days to object in writing. When a landlord skips the required itemization or receipts, the deduction is on shaky ground even before you argue the merits.

Start by requesting the itemized statement and receipts if you didn’t get them — in most states the landlord is required to provide them. Compare each line against the damage-vs-wear rule above. For anything that’s really normal wear, an unreceipted charge, or an invented fee, write a demand letter that objects to each improper deduction specifically and cites your state’s statute. Generic complaints get ignored. A letter that says “the $400 repainting charge is a deduction for normal wear and tear, which is not permitted under [statute]” is much harder to brush aside — and it becomes your evidence if the dispute reaches small claims court.

The best defense against a wrongful deduction is proof of condition. Take dated, time-stamped photos and video of every room the day you move out, after cleaning. If your landlord later claims damage that was never there — or that existed at move-in — your own record is often the deciding evidence. In California, landlords now have their own photo obligation, but relying on the other side’s documentation is a mistake — keep your own record.

If your landlord has kept money for normal wear, failed to itemize, or can’t produce receipts the law requires, you have solid grounds to demand it back. Resolvaio generates a demand letter that rebuts each deduction in the correct legal terms and cites the statute and penalty for your state — every citation validated against primary legal sources. It is a writing and research assistance tool, not a law firm; you decide what to send.