Security deposit deductions: what a landlord can keep
A security deposit protects a landlord against what a tenant leaves unpaid or damaged, and nothing more. This guide explains what can usually be deducted, how to tell damage from wear and tear, how to make deductions that hold up, and the limits, deadlines and penalties in ten places where people rent out homes.
By the Crestlet team. Updated . How we check our guides
What a deposit is for
A security deposit is money the tenant pays at the start of a tenancy and gets back at the end, less what they owe. It is not the landlord's to keep. In almost every country the same principle holds: a landlord may deduct what the tenant owes under the lease and the cost of putting right damage the tenant caused, and must account for every deduction.
What changes from place to place is the detail: how large a deposit may be, whether it has to be protected in a scheme, how soon it must be returned, and what happens to a landlord who gets it wrong. Those details are in the tables further down.
What can a landlord deduct from a security deposit?
- Rent the tenant has not paid.
- Bills and charges the tenant agreed to pay and did not, such as utilities in their name under the lease.
- The cost of repairing damage beyond normal wear and tear, caused by the tenant, their household or their guests.
- Cleaning, when the home is left dirtier than it was when the tenancy began. The aim is to bring it back to that condition, not to make it better than it was.
- Items on the inventory that are missing, and keys that were not returned.
Each deduction should match a real cost: a repair, a replacement, or an amount the tenant owes. A deduction that is a round figure with no invoice or quote behind it is the first to be challenged.
What can a landlord not deduct?
- Normal wear and tear: the decline that comes from living in a home at all.
- Damage that was already there when the tenant moved in.
- Routine maintenance, and redecorating between tenancies.
- Improvements that leave the home better than it was.
- Costs with no evidence behind them.
- Penalties or fees that neither the lease nor the law allows.
Wear and tear or damage?
Most deposit disputes come down to this question. These examples show where the line usually falls, although the condition at move-in, the length of the tenancy and the age of each item all count.
| Item | Usually wear and tear | Usually damage |
|---|---|---|
| Walls | Faded paint, light marks, a few small picture-hook holes | Large holes, crayon or graffiti, paint in colours that were not agreed |
| Carpets | Worn where people walk, flattened pile | Burns, tears, large stains, pet damage |
| Floors | Light scratches and dulling | Deep gouges, water damage from a leak left unreported |
| Doors and fittings | Loose handles, worn hinges | Broken doors, cracked glass, missing fittings |
| Appliances | Parts worn out by ordinary use | Breakage from misuse, or left too dirty to use |
Age matters too. A carpet near the end of its life is worth less than a new one, so charging the tenant for a brand-new replacement is rarely fair. Deposit schemes and courts often reduce a claim to reflect the age of what was damaged.
For example, a carpet expected to last ten years is ruined after seven. Three of its ten years were left, so a fair charge is about three tenths of the cost of a similar replacement: 300 towards a 1,000 carpet, not the full 1,000.
How to make deductions that hold up
- Record the condition of the home at move-in: an inventory with dated photos, signed by both of you if you can.
- Inspect it at move-out against the same inventory, with the tenant there if possible.
- Get a quote, an invoice or a receipt for every cost you want to deduct.
- Send the tenant an itemised statement: each deduction with its reason and amount, and what is being refunded. The deposit settlement statement makes one in your browser.
- Pay back the rest within the deadline that applies, and keep all the records.
- If you cannot agree, use the dispute service of the deposit scheme where there is one, or the courts.
How long does a landlord have to return a deposit?
It depends on where the home is. In England, a landlord must return the deposit within 10 days of the landlord and tenant agreeing how much comes back. In California it is 21 days after the tenant moves out, in New York 14 days, and in Texas 30 days. In Florida it is 15 days, or 30 days to send notice of any deduction.
In France a landlord has one month from the return of the keys, or two months if the move-out inventory differs from the move-in one. In the Netherlands it is 14 days after the tenancy ends, or 30 days when costs are deducted. Germany sets no fixed deadline, Singapore leaves it to the tenancy agreement, and in the Philippines the deposit comes back at the end of the lease with the interest it earned.
The rules in ten places
The limits and deadlines below were checked against the law, or official guidance where there is no law, on 16 October 2026. They are a starting point, not legal advice: rules change, and the details of a tenancy matter, so check the current law where the home is or ask a local adviser.
| Where | How large a deposit may be | When it must be returned | Also |
|---|---|---|---|
| England | Five weeks' rent where the annual rent is under £50,000, six weeks' at or above it. | Within 10 days of the landlord and tenant agreeing how much is returned. | Must be protected in a government-approved scheme within 30 days of receipt. Disputed amounts stay protected until resolved. |
| California, US | One month's rent since 1 July 2024. Some small landlords may still take two. | Within 21 days of the tenant moving out, with an itemised statement of any deductions. | Ordinary wear and tear cannot be deducted. Deductions over $125 need copies of the invoices or receipts. |
| New York, US | One month's rent. | Within 14 days of the tenant moving out, with an itemised statement of any deductions. | The landlord must offer the tenant an inspection before they move in, and again before they leave. |
| Texas, US | No limit in law. | Within 30 days of the tenant moving out, once the tenant has given a forwarding address in writing. | Deductions need an itemised list. Normal wear and tear cannot be deducted. |
| Florida, US | No limit in law. | Within 15 days of the tenancy ending if nothing is deducted. To deduct, the landlord must send written notice of the claim within 30 days. | The deposit must be held in a Florida bank account or covered by a surety bond. |
| Germany | Three months' rent, not counting service charges. The tenant may pay it in three instalments. | No fixed deadline in the law; the landlord may take a reasonable time to settle any claims. | Set out in § 551 of the Civil Code (BGB). The deposit must be kept apart from the landlord’s own money. |
| France | One month's rent without charges for an unfurnished home, two months' for a furnished one. | Within one month of the keys being returned if the move-out inventory matches the move-in one, two months if it does not. | Deductions must be backed by documents such as inventories, photos, quotes or invoices. |
| Netherlands | Two months' basic rent, for tenancies agreed from 1 July 2023. | Within 14 days of the tenancy ending, or within 30 days if the landlord deducts costs. | Deductions need a full written breakdown. Basic rent means the rent without service charges. |
| Singapore | No limit in law. The tenancy agreement sets it; one month's rent for each year of the lease is common. | When the tenancy ends, without interest, under the government’s template tenancy agreement. | Under the same template, a landlord must give written notice and 14 days to put a breach right before deducting. |
| Philippines | For homes covered by the Rent Control Act, two months' deposit and one month's advance rent at most. | At the end of the lease, with any interest it earned. | The deposit must be kept in a bank account in the landlord’s name. |
What happens to a landlord who gets it wrong?
| Where | What can happen |
|---|---|
| England | If the deposit was not protected, a court can order the landlord to repay it and to pay the tenant up to three times its amount. |
| California, US | If the deposit is kept in bad faith, a court can award the tenant up to twice its amount in damages, on top of what was wrongly kept. |
| New York, US | A landlord who misses the 14 days loses the right to keep any of it. A wilful breach can cost up to twice the deposit in punitive damages. |
| Texas, US | Keeping it in bad faith costs $100, three times what was wrongly kept and the tenant's legal fees. Missing the 30 days is presumed to be bad faith. |
| Florida, US | A landlord who misses the 30-day notice loses the right to deduct anything from the deposit. |
| Germany | No fixed penalty in the law. The tenant can claim the deposit, and the interest it earned, in court. |
| France | What is owed rises by 10% of the monthly rent, without charges, for each month or part of a month it is late. |
| Netherlands | No fixed penalty. The tenant can ask a court to order the landlord to pay it back. |
| Singapore | No penalty in law. The tenancy agreement decides, and a dispute can go to court. |
| Philippines | Breaking the Rent Control Act can be punished with a fine of 25,000 to 50,000 pesos, up to six months in prison, or both. |
If you are the tenant
The same rules protect you. Ask for the itemised statement, and for the invoice, quote or photo behind any deduction you question, and compare it with the move-in inventory. A charge for wear and tear, for damage that was there before you, or for a brand-new replacement of something old is worth challenging.
If you still disagree, use the deposit scheme's free dispute service where there is one, as in England, or a small claims court. In Crestlet the tenant sees the same deposit record as the landlord: the amount received, each deduction with its reason, and the refund.
Questions
- Can a landlord charge for cleaning?
- Only to bring the home back to how clean it was at move-in, not to make it cleaner than that. Cleaning between tenancies as a matter of routine is the landlord’s own cost.
- Can a landlord charge for repainting?
- Only where the tenant damaged the walls beyond wear and tear, and then only for the part of the paint’s life that was left. Repainting between tenancies is routine maintenance.
- Can the deposit cover unpaid rent?
- Yes. Rent the tenant owes is one of the most common deductions. Some places stop a tenant from treating the deposit as their last month’s rent, so check the lease and the local law.
- Does a landlord have to pay interest on the deposit?
- It depends on the place. In Germany the interest it earns belongs to the tenant, and in the Philippines the interest is returned at the end of the lease. In the Netherlands no interest is due, and the template agreement in Singapore returns the deposit without interest.
- What if the tenant does not agree with a deduction?
- Start with the evidence: the inventories, the photos and the invoices. Where the deposit is held in a protection scheme, as in England, the scheme’s free dispute service can decide. Elsewhere it goes to a small claims court or tribunal.
Keeping the record
A deposit is settled months or years after it was paid, so the record of it matters as much as the money. In Crestlet the deposit sits on the same record as the lease: the amount received, each deduction with its reason, and the refund. The tenant sees the same account, which settles most questions before they are asked.
Sources
- GOV.UK: Tenancy deposit protection
- GOV.UK: If you do not protect your tenants’ deposit
- Tenant Fees Act 2019, Schedule 1 (legislation.gov.uk)
- California Civil Code § 1950.5
- California Courts: Security deposits
- New York General Obligations Law § 7-108
- Texas State Law Library: Security deposit refunds (Property Code ch. 92)
- Florida Statutes § 83.49
- Germany: BGB § 551 (gesetze-im-internet.de)
- France: Dépôt de garantie (service-public.gouv.fr)
- Netherlands: Waarborgsom bij huren (rijksoverheid.nl, in Dutch)
- Singapore: CEA tenancy agreement template for private homes (cea.gov.sg)
- Philippines: Rent Control Act of 2009, RA 9653 (lawphil.net)