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What can a court award if a landlord wrongfully keeps a deposit?

In 43 jurisdictions the law lets a court award more than the deposit itself, often double or triple the amount, sometimes only if the landlord acted in bad faith. In the other 8, you can recover what was wrongfully kept but no extra statutory penalty. A judge decides; none of this is guaranteed.

Extra damages or penalties (43)

  • Alabama

    A court may award double the amount of the tenant's original deposit if the landlord does not mail a timely refund or itemized accounting within the 60-day period.

    Code of Alabama § 35-9A-201(f)
  • Alaska

    A court may award up to twice the actual amount withheld if the landlord wilfully failed to return the deposit or itemize deductions as the law requires.

    Alaska Statutes § 34.03.070(d)
  • Arizona

    A court may award the money due to the tenant plus damages equal to twice the amount wrongfully withheld, if the landlord does not provide the itemized list and refund as required.

    Arizona Revised Statutes § 33-1321(E)
  • Arkansas

    A court may award the money due plus damages equal to two times the amount wrongfully withheld, with costs and reasonable attorney's fees, unless the landlord proves the error happened despite reasonable procedures or was a good-faith dispute over the amount due.

    Arkansas Code § 18-16-306
  • California

    A court may award statutory damages of up to twice the amount of the security deposit, in addition to actual damages, for bad-faith retention.

    California Civil Code § 1950.5
  • Colorado

    A court may award three times the amount of the deposit wrongfully withheld, plus reasonable attorney fees and court costs, if the landlord does not return the money within seven days after the tenant's written demand and notice of intent to sue.

    Colorado Revised Statutes § 38-12-103(3), as amended by House Bill 25-1249
  • Connecticut

    A court may award twice the amount of the security deposit if the landlord does not return it or provide the itemized statement as required (if the only violation is unpaid interest, the greater of $10 or twice the interest).

    Connecticut General Statutes § 47a-21(d)(2)
  • Delaware

    A court may award double the amount wrongfully withheld if the landlord does not return the deposit, or the difference between the deposit and the listed damages, within 20 days.

    Delaware Code, Title 25, § 5514(g)
  • District of Columbia

    A court may award the amount of the deposit wrongfully withheld, or treble damages if the landlord acted in bad faith.

    D.C. Municipal Regulations, Title 14, § 309.5
  • Georgia

    A court may award three times the sum improperly withheld plus reasonable attorney's fees, unless the landlord shows the withholding was unintentional and resulted from a bona fide error.

    Official Code of Georgia § 44-7-35(c)
  • Hawaii

    A court may award damages of up to three times the amount of the deposit wrongfully and wilfully retained, plus the cost of suit.

    Hawaii Revised Statutes § 521-44(h)
  • Illinois

    A court may award an amount equal to twice the security deposit due, plus court costs and reasonable attorney's fees, if the landlord refused to provide the itemized statement or provided it in bad faith and did not return the deposit due on time.

    Illinois Security Deposit Return Act, 765 ILCS 710/1(c)
  • Iowa

    A court may award punitive damages of up to twice the monthly rent, in addition to actual damages, for bad-faith retention of the deposit.

    Iowa Code § 562A.12(7)
  • Kansas

    A court may award the portion of the deposit due plus damages equal to one and one-half times the amount wrongfully withheld, if the landlord does not comply with the return rules.

    Kansas Statutes Annotated § 58-2550
  • Louisiana

    A court may award the amount wrongfully retained plus $300 or twice the amount wrongfully retained, whichever is greater, for willful failure to comply; failing to refund within 30 days after the tenant's written demand counts as willful.

    Louisiana Revised Statutes 9:3252
  • Maine

    A court may award double the amount of the deposit wrongfully withheld, plus reasonable attorney's fees and court costs.

    Maine Revised Statutes, Title 14, § 6034
  • Maryland

    A court may award up to three times the amount withheld, plus reasonable attorney's fees, if the landlord fails to return the deposit within 45 days without a reasonable basis.

    Maryland Code, Real Property § 8-203
  • Massachusetts

    A court may award three times the security deposit or balance the tenant is entitled to, plus 5% interest, court costs and reasonable attorney's fees, if the landlord does not return it within 30 days, did not hold it in a separate interest-bearing account, or did not transfer it to a new owner.

    Massachusetts General Laws c. 186, § 15B(7)
  • Michigan

    A court may award double the amount of the security deposit retained, if the landlord keeps any part of it without fully following the law (for disputed damages, a court judgment or the tenant's written agreement is required).

    Michigan Compiled Laws § 554.613
  • Minnesota

    A court may award the portion of the deposit wrongfully withheld plus an equal amount as a penalty (twice the withheld amount in total), with interest, and up to $500 in punitive damages if the landlord kept the deposit in bad faith.

    Minnesota Statutes § 504B.178, subd. 4
  • Mississippi

    A court may award up to $200 in addition to actual damages if the landlord kept the deposit without good faith.

    Mississippi Code § 89-8-21(4)
  • Missouri

    A court may award twice the amount wrongfully withheld, as damages.

    Revised Statutes of Missouri § 535.300.6
  • Nebraska

    A court may award the deposit money due plus court costs and reasonable attorney's fees if the landlord fails to comply, and, if the failure is willful and not in good faith, liquidated damages of one month's periodic rent or twice the security deposit, whichever is less.

    Nebraska Revised Statutes § 76-1416(3)
  • Nevada

    A court may award damages equal to the entire security deposit plus an additional sum of up to the entire security deposit if the landlord fails or refuses to return the remainder within 30 days; in setting the additional sum the court considers the landlord's good faith, the course of conduct between the parties and the harm to the tenant.

    Nevada Revised Statutes § 118A.242(6)–(7)
  • New Hampshire

    A court may award damages equal to twice the sum of the security deposit plus any interest due, less any payments made and any charges owing for damages, unpaid rent or share of real estate taxes, if the landlord does not comply with the return and itemization rules.

    New Hampshire RSA 540-A:8
  • New Jersey

    A court may award double the amount of the deposit money due, together with full court costs and, at the court's discretion, reasonable attorney's fees, when the court finds for the tenant.

    New Jersey Statutes § 46:8-21.1 (tenant's action)
  • New Mexico

    A court may award a civil penalty of $250 if the landlord retained the deposit in bad faith; a landlord who misses the 30-day deadline is also liable for court costs and reasonable attorney's fees.

    New Mexico Statutes § 47-8-18 (NMSA 1978)
  • New York

    A court may award punitive damages of up to twice the amount of the deposit for a willful violation.

    New York General Obligations Law § 7-108
  • North Carolina

    A court may award the balance of the deposit plus damages resulting from the landlord's noncompliance, and attorney's fees if the noncompliance was willful; a willful failure to comply also voids the landlord's right to keep any part of the deposit.

    North Carolina General Statutes § 42-55
  • North Dakota

    A court may award treble damages for any security deposit money withheld without reasonable justification.

    North Dakota Century Code § 47-16-07.1
  • Ohio

    A court may award the money wrongfully withheld, together with damages in an amount equal to the amount wrongfully withheld, plus reasonable attorney's fees, if the tenant gave the landlord a forwarding address in writing.

    Ohio Revised Code § 5321.16
  • Oregon

    A court may award twice the amount withheld without the required written accounting or withheld in bad faith.

    Oregon Revised Statutes § 90.300(16)
  • Pennsylvania

    A court may award double the amount by which the deposit (plus any unpaid interest) exceeds the actual damages the tenant caused, if the landlord does not pay that difference within 30 days.

    Pennsylvania Landlord and Tenant Act of 1951, § 512(c) (68 P.S. § 250.512(c))
  • Rhode Island

    A court may award the amount due plus damages equal to twice the amount wrongfully withheld, and reasonable attorney's fees, if the landlord does not return the deposit with an itemized notice as required.

    Rhode Island General Laws § 34-18-19(c)
  • South Carolina

    A court may award three times the amount wrongfully withheld, plus reasonable attorney's fees, if the landlord fails to return the deposit with the required itemized notice.

    South Carolina Code § 27-40-410(b)
  • South Dakota

    A court may award punitive damages of up to $200 if the landlord kept the deposit, or failed to provide the written statement or itemized accounting, in bad faith.

    South Dakota Codified Laws § 43-32-24 (punitive damages)
  • Texas

    A court may award $100 plus three times the portion of the deposit wrongfully withheld, plus reasonable attorney's fees, if the landlord retained the deposit in bad faith (a landlord who misses the 30-day deadline is presumed to have acted in bad faith).

    Texas Property Code § 92.109
  • Utah

    A court may award the full deposit and any prepaid rent plus a $100 civil penalty if the landlord still fails to comply within five business days after the tenant serves the statutory notice, plus court costs and attorney fees if the landlord acted in bad faith.

    Utah Code § 57-17-5
  • Vermont

    A court may award double the amount wrongfully withheld, plus reasonable attorney's fees and costs, if the landlord's failure to return the deposit was willful.

    9 V.S.A. § 4461(e)
  • Virginia

    A court may award return of the security deposit, together with actual damages and reasonable attorney fees, if the landlord willfully failed to comply with the security deposit law.

    Code of Virginia § 55.1-1226(E)
  • Washington

    A court may award up to two times the amount of the deposit if the landlord intentionally refused to give the statement, documentation, or refund due, and the prevailing party in a suit to recover the deposit is also entitled to costs and reasonable attorneys' fees.

    Revised Code of Washington § 59.18.280(2)
  • West Virginia

    A court may award the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld, if the landlord's noncompliance was willful or not in good faith (any rent the tenant owes is credited against the award).

    West Virginia Code § 37-6A-5
  • Wisconsin

    A court may award twice the tenant's pecuniary loss (generally the amount wrongfully withheld), together with costs and reasonable attorney fees, for a violation of the security deposit rules in ATCP 134.

    Wisconsin Statutes § 100.20(5)

No extra statutory penalty (8)

  • Florida

    No extra statutory penalty; the tenant can recover the amount wrongfully kept.

  • Idaho

    No extra statutory penalty; the tenant can recover the amount wrongfully kept.

  • Indiana

    No extra statutory penalty; the tenant can recover the amount wrongfully kept.

  • Kentucky

    No extra statutory penalty; the tenant can recover the amount wrongfully kept.

  • Montana

    No extra statutory penalty; the tenant can recover the amount wrongfully kept.

  • Oklahoma

    No extra statutory penalty; the tenant can recover the amount wrongfully kept.

  • Tennessee

    No extra statutory penalty; the tenant can recover the amount wrongfully kept.

  • Wyoming

    No extra statutory penalty; the tenant can recover the amount wrongfully kept.

See exactly what applies to your dates and amounts, with the conditions for your state.

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