Unpaid rent and fees Security Deposit Deductions
A landlord may deduct for unpaid rent and fees only in the amounts the state statute allows to be withheld for unpaid rent or contractual fees. 37 states have a rule of their own for this item; the rest apply the general wear-and-tear standard. A deduction is unlawful when it takes more than the statute allows or skips a required itemized statement.
Normal wear and tear versus damage
Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear. The table below shows the supplied rule for each state; do not treat a general standard as an item-specific statute.
Unpaid rent and fees rules by state
Rules were checked by two independent research passes for 15 states (Arizona, California, Colorado, Florida, Georgia, Illinois, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Texas, Virginia, Washington) and one pass for the rest. verified.two_pass in the data marks which states had both passes.
| State | Allowed | Rule |
|---|---|---|
| Alabama | Yes | Security may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with Section 35-9A-301. (Ala. Code § 35-9A-201(b)) |
| Alaska | Yes | Prepaid rent or a security deposit may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with AS 34.03.120. (AS 34.03.070(b)) |
| Arizona two-pass | Yes | Prepaid rent and security may be applied to the payment of all rent, and subject to a landlord’s duty to mitigate, all charges as specified in the signed lease agreement, or as provided in this chapter. (A.R.S. § 33-1321(D)) |
| Arkansas | Yes | The money may be applied to the payment of accrued unpaid rent and any damages which the landlord has suffered by reason of the tenant’s noncompliance with the rental agreement. (Ark. Code § 18-16-305(a)) |
| California two-pass | Yes | The security may be used as compensation of a landlord for a tenant’s default in the payment of rent. Some early-termination statutes (e.g., domestic violence) restrict rent deductions; those are exceptions, not the general rule. (Cal. Civ. Code § 1950.5(b)(1)) |
| Colorado two-pass | Yes | The statute expressly allows retaining the security deposit for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges. (C.R.S. § 38-12-103(1)) |
| Connecticut | Yes | Tenant’s obligations expressly include the amount of any rental or utility payment due the landlord from a tenant, so unpaid rent and utilities are deductible damages. (Conn. Gen. Stat. § 47a-21(a)(13), (d)) |
| Delaware | Yes | The deposit may pay the landlord for all rental arrearage due under the rental agreement, including late charges and rental due for premature termination or abandonment. (25 Del. C. § 5514(c)(2)) |
| District of Columbia | Yes | Within 45 days after termination the housing provider may notify the tenant of alleged unpaid amounts which may include unpaid rent arrearages, damage beyond ordinary wear and tear, or charges for removing furnishings and items left at move-out. (D.C. Code § 42-3502.17(e)(2)(A)) |
| Florida two-pass | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Fla. Stat. § 83.49 (2025 Florida Statutes, current codification); small claims limit at Fla. Stat. § 34.01(1)(c)). (Fla. Stat. § 83.49 (2025 Florida Statutes, current codification); small claims limit at Fla. Stat. § 34.01(1)(c)) |
| Georgia two-pass | Yes | The statute does not preclude retaining the security deposit for nonpayment of rent or of fees for late payment, abandonment, or nonpayment of utility charges. (O.C.G.A. § 44-7-34(a)) |
| Hawaii | Yes | The deposit may remedy tenant defaults for failure to pay rent due, and for failure to return all keys (including fobs, parking cards, garage openers, mailbox keys). (Haw. Rev. Stat. § 521-44(a)(1)) |
| Idaho | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Idaho Code §§ 6-321, 6-320). (Idaho Code §§ 6-321, 6-320) |
| Illinois two-pass | Yes | The Security Deposit Return Act addresses withholding 'as reimbursement for property damage' and the itemization/receipts procedure for that withholding. The deposit is received 'to secure the payment of rent or to compensate for damage.' The Act does not separately itemize unpaid rent as a deduction category, but the statutory purpose includes securing rent. Chicago RLTO separately lists unpaid rent. (765 ILCS 710/1(a)) |
| Indiana | Yes | The deposit may pay all rent in arrearage and rent due for premature termination, unpaid utility or sewer charges that are the tenant’s obligation, and, if a written agreement so stipulates, the last payment period of rent. (Ind. Code § 32-31-3-12, -13) |
| Iowa | Yes | The landlord may withhold amounts reasonably necessary to remedy a tenant’s default in the payment of rent or of other funds due to the landlord pursuant to the rental agreement. (Iowa Code § 562A.12(3)(a)(1)) |
| Kansas | Yes | Any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant’s noncompliance with K.S.A. 58-2555 and the rental agreement. (K.S.A. 58-2550(b)) |
| Kentucky | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Ky. Rev. Stat. § 383.580). (Ky. Rev. Stat. § 383.580) |
| Louisiana | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (La. R.S. 9:3251 to 9:3252). (La. R.S. 9:3251 to 9:3252) |
| Maine | Yes | Reasons for which a landlord may retain the deposit include, but are not limited to, costs of storing and disposing of unclaimed property, nonpayment of rent and nonpayment of utility charges that the tenant was required to pay directly to the landlord. (14 M.R.S. § 6033(2)) |
| Maryland | Yes | A security deposit is given to protect the landlord against nonpayment of rent, damage due to breach of lease, or damage to the leased premises, common areas, major appliances, and furnishings. (Md. Code, Real Prop. § 8-203(a)(3)) |
| Massachusetts | Yes | The lessor may deduct any unpaid rent or water charges which have not been validly withheld or deducted pursuant to any general or special law. Last month’s rent, if collected in advance, is a separate permitted payment, not a security-deposit deduction category. (Mass. Gen. Laws c. 186, § 15B(4)(i)) |
| Michigan two-pass | Yes | Section 7 also authorizes use of the deposit for unpaid rent in arrearage, rent due for premature termination, and unpaid utilities that are the tenant’s obligation. Accrued unpaid rent may be retained without a court judgment under 554.613(1)(d). (MCL 554.607, 554.613) |
| Minnesota | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Minn. Stat. § 504B.178). (Minn. Stat. § 504B.178) |
| Mississippi | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Miss. Code Ann. § 89-8-21). (Miss. Code Ann. § 89-8-21) |
| Missouri | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mo. Rev. Stat. § 535.300). (Mo. Rev. Stat. § 535.300) |
| Montana | Yes | The landlord may deduct unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing at the time of deduction. (Mont. Code Ann. § 70-25-201(1)) |
| Nebraska | Yes | Prepaid rent and security may be applied to the payment of rent and the amount of damages from noncompliance with the rental agreement or section 76-1421. (Neb. Rev. Stat. § 76-1416(2)) |
| Nevada | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Nev. Rev. Stat. § 118A.242). (Nev. Rev. Stat. § 118A.242) |
| New Hampshire | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.H. Rev. Stat. Ann. §§ 540-A:6 to 540-A:8). (N.H. Rev. Stat. Ann. §§ 540-A:6 to 540-A:8) |
| New Jersey two-pass | Yes | Unpaid rent is a charge expended in accordance with the terms of a contract, lease, or agreement and may be deducted; displacement and DV-termination subsections also allow 'less any rent due and owing.' (N.J.S.A. 46:8-21.1) |
| New Mexico | Yes | Upon termination, deposits may be applied to the payment of rent and damages from noncompliance with the rental agreement or § 47-8-22. The owner may retain portions for nonpayment of rent or utilities, repair work, or other legitimate damages. (NMSA 1978 § 47-8-18(C)) |
| New York two-pass | Yes | The deposit may be lawfully retained for the reasonable and itemized costs due to non-payment of rent and non-payment of utility charges payable directly to the landlord under the terms of the lease or tenancy. (N.Y. Gen. Oblig. Law § 7-108(1-a)(b)) |
| North Carolina two-pass | Yes | Closed list: nonpayment of rent and water/sewer/electric costs under G.S. 62-110(g) - (h); damages from nonfulfillment of the rental period (with listed exceptions); unpaid bills that become a lien; re-renting costs after breach including reasonable broker fees; removal/storage after summary ejectment; court costs; and any fee permitted by G.S. 42-46. (N.C.G.S. § 42-51(a)) |
| North Dakota | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.D. Cent. Code § 47-16-07.1). (N.D. Cent. Code § 47-16-07.1) |
| Ohio two-pass | Yes | The security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with section 5321.05 or the rental agreement. (Ohio Rev. Code § 5321.16(B)) |
| Oklahoma | Yes | Upon termination, the deposit may be applied to the payment of accrued rent and the amount of damages from the tenant’s noncompliance with this act and the rental agreement, all as itemized by the landlord. (41 O.S. § 115(B)) |
| Oregon | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (ORS 90.300). (ORS 90.300) |
| Pennsylvania two-pass | Yes | Nothing in this section precludes the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant. (68 P.S. § 250.512(a)) |
| Rhode Island | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (R.I. Gen. Laws § 34-18-19). (R.I. Gen. Laws § 34-18-19) |
| South Carolina | Yes | Property or money held as security must be returned less amounts withheld for accrued rent and damages from the tenant’s noncompliance with § 27-40-510. (S.C. Code § 27-40-410(a)) |
| South Dakota | Yes | The lessor may withhold amounts reasonably necessary to remedy tenant defaults in the payment of rent and other funds due to the landlord pursuant to an agreement. (SDCL 43-32-24) |
| Tennessee | Yes | If a tenant vacates with unpaid rent or other amounts due and owing, the landlord may remove the deposit from the account and apply the moneys to the unpaid debt. The landlord may also recover contractual damages. (T.C.A. § 66-28-301(e), (g)) |
| Texas two-pass | Yes | Before returning a security deposit, the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease, which includes unpaid rent if the lease so provides. (Tex. Prop. Code § 92.104(a)) |
| Utah | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Utah Code §§ 57-17-3, 57-17-5). (Utah Code §§ 57-17-3, 57-17-5) |
| Vermont | Yes | The landlord may retain all or a portion of the security deposit for nonpayment of rent, and for nonpayment of utility or other charges that the tenant was required to pay directly to the landlord or to a utility. (9 V.S.A. § 4461(b)(1), (3)) |
| Virginia two-pass | Yes | The deposit may be applied to the payment of accrued rent, including the reasonable charges for late payment of rent specified in the rental agreement. (Va. Code § 55.1-1226(A)) |
| Washington two-pass | Yes | Checklist and damage-documentation rules do not apply when part or all of a security deposit is withheld for reasons unrelated to damages, such as for rent or other charges owing. (RCW 59.18.280(4)) |
| West Virginia | Yes | The deposit may be applied to rent due, including reasonable late-payment charges specified in the rental agreement, unpaid tenant-obligated utilities the landlord paid, and other damages or charges provided in the rental agreement. (W. Va. Code § 37-6A-2(b)(1), (3), (5)) |
| Wisconsin | Yes | The landlord may withhold unpaid rent for which the tenant is legally responsible, subject to s. 704.29, and payment the tenant owes under the rental agreement for utility service provided by the landlord but not included in the rent. (Wis. Stat. § 704.28(1)(b) - (c); ATCP 134.06(3)(a)2. - 3.) |
| Wyoming | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Wyo. Stat. Ann. §§ 1-21-1207 to 1-21-1208). (Wyo. Stat. Ann. §§ 1-21-1207 to 1-21-1208) |
If it was deducted anyway
Use your state demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only the rule in your state's row. Do not guess a statute that is not listed.
Other deduction topics
Free state-specific template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. The letter cites the deadline and statute from the verified data for the state you select.
FAQ
Can a landlord deduct for unpaid rent and fees from a security deposit?
Only when that state's supplied rule allows the charge. 37 states have a rule of their own for this item; the rest apply the general wear-and-tear standard. Read the row for your state before you write a letter.
What is the difference between normal wear and tear and damage?
Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear. The table below shows the supplied rule for each state; do not treat a general standard as an item-specific statute.
What should I do if unpaid rent and fees was deducted anyway?
Open your state demand letter page from the table. Ask for the itemized statement, compare it with move-in records, and cite only the rule listed for your state. Do not guess a statute that is not listed.