Security deposit returns are the #1 source of landlord-tenant disputes in the U.S. Not only do state laws differ on deadlines and penalties, but the vast majority of claims hinge on documentation. This guide breaks down deposit deadlines by state and shows how using modern inspection tools—like Chez‑Moi’s automatic photo/video move-in/out logs—protects everyone.
Key takeaways
- Deposit return deadlines: Oregon—31 days, California—21 days, others vary.
- Itemized deductions and documentation are required almost everywhere.
- Failure to document or to return the deposit on time often results in double/triple damages or loss of the right to withhold.
- Chez‑Moi’s inspection tool gives both landlords and tenants legal protection with photos, video, and time-stamped inspection logs for every room.
Why Documentation is Everything
Courts and tenant advocates agree: the party with better records usually wins deposit disputes. Written move-in/move-out checklists, photos, and video evidence can make or break your case—whether you’re the landlord or the tenant.
Without documentation: Landlords may lose the right to deduct for damages, and tenants may forfeit legitimate claims for a return.
Chez‑Moi’s Automated Move-In/Move-Out Inspections
With Chez‑Moi, both landlords and tenants benefit from an integrated inspection workflow:
- Pre-Move-In Inspection: Landlord documents the unit condition by area/room, attaching photos or videos for every surface, appliance, and fixture.
- Tenant Move-In Inspection: Tenant can do their own inspection in-app—adding notes, photos, and video—preventing disputes over “existing damage.”
- Move-Out Inspection: Both parties can do a joint (or separate) move-out inspection, referencing the original checklist and uploading new evidence.
- Area-Based Classification: Every entry is tagged by room (kitchen, bedroom, etc.) and type (damage, normal wear, cleaning).
- Secure Storage: All evidence is time-stamped, geo-tagged, and permanently stored—impossible to tamper after submission.
- Downloadable Reports: Exportable PDFs with every photo, video, and checklist for legal compliance.
Landlords are far more likely to win legitimate claims, and tenants are protected against unfair deductions.
State Comparison Table: Deposit Return Deadlines & Penalties
| State | Deadline | Itemized Statement? | Penalty for Late/Bad Deduction |
|---|---|---|---|
| Oregon | 31 days | Required | Double amount wrongfully withheld |
| California | 21 days | Required | Up to 2x deposit, attorney fees |
| Washington | 21 days | Required | Full return + attorney fees |
| Texas | 30 days | Required | 3x amount, attorney fees |
| New York | 14 days | Required | Full return, possible penalties |
What Landlords Can (and Can’t) Deduct
- Unpaid rent and utilities
- Damage beyond “ordinary wear and tear” (with photos/video)
- Cleaning if unit isn’t “move-in clean” (document with checklists!)
- Unreturned keys, missing remotes, unpaid late fees, lease violations with cost
- Not allowed: Normal carpet wear, faded paint, minor scuffs, or depreciation
Disputes: How to Win (and How to Lose)
- Send a written demand letter to the landlord if you’re a tenant (keep copies and your inspection PDF).
- Landlords: If withholding, always send an itemized statement with receipts and your Chez‑Moi inspection log.
- If no response, file in small claims (bring photos, video, all evidence—most states require mediation or a hearing).
- Court will look for checklists, time-stamped photos, witness statements, and documented communication.