They kept it. It can double.
Yes, in many states. A landlord who wrongly keeps your deposit can owe you two or three times what they kept, and in a few states twice the whole deposit. The catch: some states want your new address in writing before any of that applies.
How much extra can a landlord owe?
- Massachusetts: three times what they should have returned, plus 5% interest and lawyer's fees. (ch. 186, § 15B(7))
- South Carolina: three times what they wrongly kept. (§ 27-40-410(b))
- Colorado: three times what they wrongly kept. (C.R.S. § 38-12-103(3)(a))
- Ohio: what they owe you, plus the same amount again. (§ 5321.16(C))
- Missouri: twice what they wrongly kept. (§ 535.300.6)
- Delaware: double what they wrongly kept. (25 Del. C. § 5514(g)(1))
Other states set their own amounts. Find yours on your state's page.
Is it double the deposit or double what they kept?
It depends on the state. In Missouri, it's twice the part they wrongly kept. Charges that hold up don't count. In these states, the math starts from the whole deposit:
- Connecticut: twice the deposit. (§ 47a-21(d))
- Alabama: double your original deposit, if no refund or accounting is mailed within 60 days. (§ 35-9A-201(f))
- New Hampshire: twice the deposit plus interest, minus what they paid back and what you really owe. (RSA 540-A:8, I(b))
Do I have to prove they did it on purpose?
In some states, yes.
- Hawaii: three times, but only for money kept wrongfully and willfully. (§ 521-44(h))
- Washington, DC: triple only in bad faith. Otherwise, what they kept. (14 DCMR § 309.5)
- Vermont: double what they wrongly kept, only if it was willful. (9 V.S.A. § 4461(e))
Some states make that easier for you. In Louisiana, if they don't pay within 30 days of your written demand, the law calls that willful. (R.S. 9:3252(A)) In Texas, no refund or itemized list by day 30 is presumed bad faith, and bad faith costs $100 plus three times what they wrongly kept. (Prop. Code §92.109)
Does my new address matter?
More than you'd think. Skip it in these states and you can lose the extra money:
- Ohio: no address in writing, no extra damages or lawyer's fees. (§ 5321.16(B))
- Pennsylvania: no new address in writing, and the landlord is off the hook under the deposit law. (68 P.S. § 250.512(e))
- Illinois: no mailing or email address, no penalties. (765 ILCS 710/1(a))
- New Hampshire: a landlord who was never told your new address isn't on the hook for the missed rules. (RSA 540-A:8, II)
Send it by email and by mail. Keep a copy.
What should I do first?
- Send your new address in writing.
- Check your deadline with the free checker.
- Send one letter: what you paid, what came back, and a date to pay by. In Colorado and Maine, give at least 7 days' notice that you plan to sue. (C.R.S. § 38-12-103(3)(a); 14 M.R.S. § 6034(1))
- Still nothing? You can file in small claims court.
Still waiting on the money? See what happens after 30 days.
Last updated . Checked against each state's official law. General information, not legal advice.