01Problem
Invitation Homes returned 39.2% of deposit dollars in 2020–22 versus a 63.9% national average (FTC, Sept. 24, 2024). Landlords bill “full repaint,” carpet replacement, and flat cleaning against a deposit the statute says is for damage beyond ordinary wear. Missing the state’s itemization deadline often forfeits the withholding, and several states add 2× or 3× damages. Two community claims need the statute: Connecticut is not a damage-only deposit state, and New Mexico’s 30-day forfeiture-plus-$250 rule is state-specific.
02Intake
- Lease, timestamped move-in checklist/photos/video, move-out photos/video, keys-return receipt
- Deposit amount, how paid, any “nonrefundable” pet/cleaning/admin labels, last-month rent if collected
- Written forwarding address and the date it was given
- Itemized deduction statement, invoices, contractor receipts, paint/carpet age
- State and city (Chicago RLTO, NYC, Seattle); move-out date, lease-end date, early vacate
- Landlord legal name and small-claims venue; rent ledger (unpaid rent is a permitted deduction in most states, including CT)
03Playbook
- 01
Give a written forwarding address the day keys go back. Several clocks (CT, TX, PA, MI, OH) run from address, surrender, or both.
- 02
Demand the itemized statement on the statutory clock, not the lease’s clock.
- 03
Audit every line against ordinary wear. HUD HSG-06-01 Appendix 5C: wear includes faded paint, small nail holes, carpet worn thin from walking. CA §1950.5(e)(2)(C) and WA RCW 59.18.280 limit carpet-cleaning withholdings. CO §38-12-103(11) (eff. 1 Jan 2026): carpet not replaced with new carpet in the preceding 10 years cannot be deemed substantially and irreparably damaged.
- 04
Prorate replacements on remaining useful life. HUD Appendix 5D (family / elderly): plush carpet 5 / 7 years; flat paint 3 / 5; enamel 5 / 7; tiles 5 / 7; refrigerator 10; range 20. HUD Chapter 5 example: 5-year carpet, 3 years in service → charge ≤ 2/5; at 5+ years, $0.
- 05
Apply the state cap, deadline, and multiplier. CA §1950.5: cap 1 month (small-landlord 2-month exception; never a servicemember); 21 calendar days; photos 2025; AB 414 electronic return 1 Jan 2026; bad faith: cannot claim any of the security + up to 2×. NY GOL §7-108: cap 1 month; 14 days or forfeit any portion; willful up to 2×. TX §§92.103–.109: 30th day after surrender; $100 + 3× withheld; skipping last month “because of the deposit” is presumed bad faith. FL §83.49: 15 days if no claim / 30-day claim notice or forfeit the claim. WA: 30 days with invoices; up to 2×. MA §15B: first+last+1-month security+lock; 30 days; many violations 3×; agents covered 1 Aug 2025. PA: 30 days or forfeit withhold and damage suit; 2× the excess over actual damages. CO: 30 days (lease may extend to 60); treble after 7-day notice; cap still 2 months. IL 765 ILCS 710: 30-day itemization, 45-day return; 2×; small landlords now in. Chicago RLTO: 45 days, 2× with no bad-faith requirement.
- 06
Connecticut — §47a-21 (2026 Supplement, verified). Cap: two months; one month if 62+. Return: 21 days after termination or 15 days after written forwarding address, whichever later (P.A. 23-207 cut this from 30). “Tenant’s obligations” in (a)(14) include (A) any rental or utility payment due. The r/Renters “damage only” claim is false as a blanket. (d) violation → twice the security deposit paid (entire deposit), except interest-only miss: $10 or twice unpaid interest. 2026 interest index 0.49%. P.A. 26-79 (SB 218, not SB 219), 1 Oct 2026: DOB civil penalty up to $100,000.
- 07
New Mexico — §47-8-18, STATE-SPECIFIC (last amended 1989). Leases < 1 year: cap one month. Annual leases: no fixed cap; passbook interest if deposit > 1 month. Owner may apply the deposit to rent, utilities, and damages; no wear. Itemized list and balance within 30 days of termination or departure, whichever later. Miss it → forfeit withhold, counterclaim, independent damage action, plus costs and fees (D). Bad faith: $250 flat (E), not double. 2021 HB 111 (would have doubled the penalty) did not become law. Garcia v. Thong, 119 N.M. 704 (1995). Do not export (D) to other states.
- 08
Photograph empty rooms, walls, floors, appliance serials, enamel, carpet paths. Bring move-in photos. Ask for the invoice behind every deduction.
- 09
Send a statutory demand citing the deadline and multiplier; wait pre-suit days (CO 7); then small claims.
- 10
Decision: missed deadline in a forfeiture state (NY 14, NM 30, FL 30-day notice, WA/PA/MI 30) → demand 100% plus the multiplier. Deadline met → fight wear, age, and missing invoices line by line.
04Checklists
Security deposit recovery kit
- Timestamped move-in and move-out photos; keys-return receipt
- Written forwarding address sent; copy saved
- Statutory cap checked (CA 1 month; NY 1; CT 2 / 1 if 62+; NM 1 if lease <1 year; MA first+last+1+lock)
- Deadline calculated from the correct trigger (termination vs surrender vs address)
- Itemization and invoices demanded; wear vs damage run through HUD 5C
- Carpet/paint prorated on HUD 5D; CO 10-year carpet bar if CO
- CT: interest at 0.49% (2026) added; unpaid-rent/utility deduction allowed only as actual mitigated amounts
- NM: 30-day clock and (D)/(E) consequences labeled state-specific
- “Nonrefundable” pet/cleaning tested against the state cap
- Demand letter cites multiplier and pre-suit wait (CO 7 days)
- Small-claims amount = deposit + statutory multiple + interest; successor landlord identified if the building sold
05Questions to ask
- Q01
“Send the itemized statement, invoices, and photos for every deduction by [statutory deadline].”
- Q02
“What is the age of the carpet and the date it was last replaced? HUD Appendix 5D sample life for plush carpet is 5 years (family).”
- Q03
“What is the age of the interior paint? Nail holes and faded paint are ordinary wear (HUD Appendix 5C).”
- Q04
“Is this deduction for unpaid rent or utilities, and after what mitigation effort?” (CT: allowed; still must itemize.)
- Q05
“Where is the deposit escrowed, and what interest rate was paid?” (CT 0.49% for 2026.)
- Q06
“You collected [last month / pet / cleaning] at move-in. Under CA §1950.5 / NY GOL §7-108 those count toward the cap — refund the excess.”
- Q07
“Confirm the statement was mailed within [14/21/30/45] days of [termination/surrender/address]. If not, you have forfeited withholding under [cite].”
- Q08
“NM only: you missed 30 days. Under §47-8-18(D) you forfeit withholding, counterclaim, and any independent damage action, and you owe fees; if bad faith, $250 under (E).”
06Red flags
Deduction list with no invoices, or a flat “cleaning/repaint/carpet” line
Full-unit paint or carpet after a short tenancy, or carpet older than 5 years (HUD) / 10 years (CO)
CT landlord who says the deposit cannot cover rent or who auto-forfeits it as a break fee
NM landlord who withholds after day 30 and still sues for damage (forfeited under (D)(4))
Lease that calls the deposit nonrefundable (void in CA)
PA/TX/OH/MI tenant who never sent a forwarding address
TX tenant who skipped last month “because of the deposit” (§92.108 3× exposure)
Nolo/chart advice that CT age is 60 or that CA still adds ½ month for a waterbed
Secondary site that says NM penalty is “double plus $250”
07Scripts
I vacated [ADDRESS] on [DATE] and gave written forwarding address on [DATE]. Under [STATUTE] you had until [DEADLINE] to return the $[DEPOSIT] plus interest or send an itemized statement with invoices. HUD Appendix 5C treats nail holes, faded paint, and walked-on carpet as ordinary wear. Appendix 5D prorates carpet over 5 years (family). Deduct only remaining useful life, and only for damage beyond wear. Demand is for $[AMOUNT] (deposit + [2×/3×] statutory damages + interest) within 10 days. After that I will file in small claims.
Under Conn. Gen. Stat. §47a-21(d)(2), not later than 21 days after termination or 15 days after my written forwarding address, whichever is later, you must deliver the full security deposit plus accrued interest, or the balance after deductions for damages from my failure to comply with my obligations, with an itemized statement. P.A. 23-207 made the clock 21 days, not 30. “Tenant’s obligations” in §47a-21(a)(14)(A) include rental or utility payment due — I do not dispute that unpaid rent after you actually mitigate may be deducted; I dispute [wear items / missing itemization / missed deadline]. Interest is due at the 2026 deposit index of 0.49%. A (d) violation makes you liable for twice the amount of the security deposit paid. My deposit was $[D]; double is $[2D]; interest is $[I]. Pay $[AMOUNT] within 10 days.
Under NMSA 1978 §47-8-18(C)–(E) (New Mexico law, not a national rule), you had 30 days from termination or my departure, whichever later, to send an itemized list and the balance. You may apply a deposit to rent and to damage beyond wear, including unpaid utilities; you may not retain it for wear. You missed that deadline. Section 47-8-18(D) forfeits your right to withhold any portion, forfeits any counterclaim, makes you liable for costs and fees, and forfeits any independent damage action. If the retention was in bad faith, (E) adds $250. Demand is for the full $[DEPOSIT] + $250 if bad faith.
Your statement charges $[X] to “full repaint” and $[Y] to replace carpet. Move-in photos dated [DATE] show [nail holes / existing marks]. HUD HSG-06-01 Appendix 5C lists nail holes and walked-thin carpet as normal wear. Appendix 5D sample life for plush carpet is 5 years (family). The carpet was [AGE] years old, so the chargeable share is [max(5−AGE,0)/5] of replacement, which is $[Z], not $[Y]. In Colorado, C.R.S. §38-12-103(11) (effective Jan. 1, 2026) bars treating carpet as substantially and irreparably damaged if it was not replaced with new carpet in the preceding 10 years. Remove those lines.
08Tools
Callable over MCP once connected. Your agent passes the inputs and gets structured results back.
deposit_deadline_penalty_calculatorDeposit deadline and penalty calculator- State deadline for returning a security deposit / itemized statement and the penalty if the landlord misses it (CA, NY, TX, FL, WA, MA, PA, CO, CT, NM per the skill), plus CT/NM deposit caps.
hud_useful_life_prorationHUD useful-life proration- What a landlord may charge for replacing an item: $0 for ordinary wear; otherwise replacement cost × remaining useful life ÷ useful life, using HUD Appendix 5D lives (carpet 5/7 years family/elderly, flat paint 3/5, enamel 5/7, tile 5/7, refrigerator 10, range 20).
ct_deposit_interest_checkerConnecticut deposit-interest checker- Interest owed on a Connecticut security deposit at the 2026 deposit index rate (0.49%): deposit × rate × days/365. Re-pull the rate each January; for multi-year tenancies apply each year's rate.
09Formulas & rules
- Useful-life proration.
tenant_share = replacement_cost × max(useful_life − age, 0) / useful_life, only if damage exceeds wear. HUD example: $2,000 carpet, 5-year life, 3 years in service → 2,000 × 2/5 = $800. At 5 years: $0. - CT interest 2026. $3,000 × 0.0049 × 1 year = $14.70.
- CT double. Miss (d) → 2 × entire deposit. $3,000 → $6,000 (interest-only miss: $10 or 2× unpaid interest).
- NM miss (state-specific). Day 31 → 100% of deposit back, no counterclaim, fees, no independent damage suit, + $250 if bad faith. $1,200 + $250 = $1,450 plus fees.
- NY 14-day forfeit. $2,800 deposit, statement on day 16 → landlord keeps $0.
- TX bad faith. $100 + 3 × $1,500 withheld = $4,600 + fees.
- CA 21-day + 2×. $2,400 deposit, bad faith → $2,400 + up to $4,800, and (h)(7) can zero the landlord’s claim.
- CO treble with 7-day notice. $800 wrongful → $2,400 + fees.
10State variation
- CT P.A. 23-207: return clock 30 → 21 days (or 15 after address, later of the two). 2026 deposit index 0.49%. P.A. 26-79 (SB 218) eff. 1 Oct 2026: DOB civil penalty up to $100,000. Cap-to-1-month bills not enacted (OLR 2026-R-0135, 22 Sep 2026).
- CA AB 12 one-month cap for security collected on/after 1 Jul 2024; photo rules 2025; AB 414 electronic return 1 Jan 2026.
- CO HB25-1249 eff. 1 Jan 2026: 10-year carpet bar; cap still 2 months.
- MA agents of the lessor under §15B as of 1 Aug 2025. IL 765 ILCS 710 now covers small landlords. WA return clock 30 days (2023 HB 1074). MD cap 1 month on/after 1 Oct 2024. GA 2-month cap for leases on/after 1 Jul 2024. MI 2026 PA 102 (imd. 21 Sep 2026): electronic return option.
- Nolo limits chart updated 21 Aug 2026 — errors: CT age 60 should be 62; CA waterbed extra is stale.
11Community tactics
- Take move-in photos and bring them — Verified against wear rules and CA/NY/WA inspection rights.
- Ask for the invoice behind every deduction (PA $135 cleaning) — Verified — CA/WA/IL invoice rules and HUD 5C.
- Challenge “full repaint” after normal tenancy / nail holes — Verified against HUD 5C and CO §38-12-103(11).
- Use the state’s itemization deadline; NM 30-day miss loses the right to keep any deposit (@jdconsults3) — Verified, New Mexico-specific — §47-8-18(D). Do not quote it as a 50-state rule. There is no automatic doubling; $250 is bad-faith only.
- Give forwarding address and watch auto-renew (@ganadelrey) — Verified for deposit clocks (CT/TX/PA/MI); auto-renew is a lease-clause issue (skill 29).
12Fact-check notes
- CFPB / FMCSA / PA Insurance / NBC / ProPublica: none cited in r2 §12. FTC Invitation Homes press release (opened) supports 39.2% vs 63.9% deposit-dollar return.
- Official 2026 Supplement Chapter 831 opened: https://prdext2.cga.ct.gov/2026/sup/chap_831.htm — quotes §47a-21(a)(14) (rent/utilities), (d)(2) 21-day/15-day clock, twice-the-deposit penalty. P.A. 26-79 official PDF: https://www.cga.ct.gov/2026/act/pa/pdf/2026PA-00079-R00SB-00218-PA.pdf. DOB 2026 index page works (0.49%).
- NMSA §47-8-18 official nmonesource compilation opened: (C) rent and damages, 30 days, no wear; (D) four forfeitures; (E) $250 bad faith. Labeled state-specific. Last amended 1989.
- HUD hsg-06-01gc5guid.pdf works: 2/5 carpet example, 5C/5D chart.
- Nolo limits chart (updated 8/21/2026) misstates CT age (60 vs 62) and is stale on CA waterbed.
- DepositHawk CT “2× withheld” understates the official twice-the-deposit-paid rule. securitydepositlaws.com NM “double plus $250” contradicts (D)/(E).
- CT “damage only”: dropped; (a)(14)(A) allows unpaid rent and utilities.
13Tools to implement
Show the tool specifications
- Deadline and penalty calculator. Inputs: state, move-out date, forwarding-address date, deposit, deductions, tenant age (CT 62+), lease length (NM <1 year). Logic: apply 14/15/21/30/45-day trigger; if late, apply forfeit/multiplier (NY forfeit all; CT 2× entire; TX $100+3×; NM forfeit all + optional $250; CA up to 2×; CO treble after 7-day notice). Sources: statutes below; Nolo chart https://www.nolo.com/legal-encyclopedia/chart-security-deposit-limits-state-29020.html (override CT age 60 and CA waterbed).
- HUD useful-life proration tool. Inputs: item, family vs elderly, age, replacement cost, wear-or-damage flag. Logic: wear → $0; else cost × max(life−age,0)/life using Appendix 5D. Source: https://www.hud.gov/sites/documents/hsg-06-01gc5guid.pdf
- CT interest checker. Inputs: deposit, start date, end date. Logic: days/365 × 0.0049 × deposit for 2026 (re-pull each January). Source: https://portal.ct.gov/DOB/Rental-Security-Deposits/Rental-Security-Deposits/Deposit-Index-and-Interest-Rates
14Sources
- 01
- 02
- 03
- 04
- 05
- 06
- 07
- 08
- 09
- 10Nolo security-deposit limits chartnolo.com
Nolo, updated 21 Aug 2026 (use with CT-age and CA-waterbed corrections)
Demand evidence r2 F5×P4×S3 = 60; r/Renters PA auto-deducted cleaning (125 pts, 132 cmts); CA $1,000 kept plus $713 billed for full paint (171 pts, 137 cmts); NM 30-day TikTok