Direct answer
Sometimes, but not for ordinary wear and tear. Landlords generally may deduct unpaid rent, cleaning beyond ordinary wear and tear, and damage you caused beyond ordinary wear and tear. They usually must follow state deadlines to refund or itemize deductions—and caps on how large the deposit could be in the first place. Compare your lease to your state’s rules (see our CA, TX, NY and FL deposit pages). Not legal advice.
Last reviewed November 2026
Common lawful vs questionable deductions
Often allowed (if proven)
Unpaid rent, excessive filth, broken fixtures, unauthorized pet damage—backed by invoices or photos.
Often not allowed
Ordinary wear and tear (faded paint, minor carpet wear from normal use), charging for upgrades, or keeping the whole deposit without itemization where the law requires one.
Deadlines differ
Examples: California often 21 days; Texas often 30 days after surrender with a forwarding address; New York non-regulated often 14 days; Florida uses 15- or 30-day claim paths under §83.49.
Document condition
Date-stamped move-in and move-out photos (including closets and appliances) make disputes clearer.
How Contract Checked helps
Upload your document and get a plain-English report: risk ratings on specific clauses, protections that are missing, and the questions to ask before you sign. Then ask follow-up questions about your own document. You see the credit cost before anything runs.
Check my lease deposit clauseRelated guides
Frequently asked questions
My landlord missed the deadline
Some states impose penalties or require return of the full deposit when deadlines or itemization rules are missed. Check your state’s statute or a local tenant clinic for the remedy that applies to you.
Is this legal advice?
No. Contract Checked gives general information and an AI reading of your document. It does not create an attorney-client relationship. For a dispute or a decision with a lot of money at stake, talk to a licensed attorney or a local tenant or worker organization.
Can Contract Checked review my document?
Yes. Upload a PDF, Word file, pasted text or a photo. Sign up free for starting credits; you see the credit cost before anything runs. The report is plain English and is not legal advice.