If you've ever rented an apartment in this country, you probably had to hand over a significant amount of money before you even got the keys. This money acts as a security deposit, and getting it back is one of the most common disputes between renters and landlords. For the approximately 5.5 million people in the US who identify as Chinese, either alone or in combination with another race or origin (US Census Bureau, 2023), this is not a trivial issue. Many of us are unfamiliar with the American rental system, where the rules are written in complex legal language and not explained to you at the outset.
Here's a figure that illustrates how much is at stake. Zillow's 2025 survey found that the average deposit paid by recent renters was around $1,603. That's real money. All too often, tenants never see it again because they were unaware of their rights or missed a deadline.
So let's talk plainly about what the security deposit means, what the law actually requires and how you can get your money back. No matter what language you speak at home, you deserve to know where you stand. Laws differ by state, so I'll highlight the main differences as we go along.
Key takeaways
- A security deposit is money held by the landlord as protection, not a fee, and it is not theirs to keep without reason.
- In California, deposits are generally capped at one month's rent, with the remainder to be paid within 21 days (Civil Code § 1950.5). In New York, deposits must be returned within 14 days (GOL § 7-108).
- According to Texas Property Code § 92.104, landlords cannot charge you for normal wear and tear.
- In the case of DiSalle v. Celusta (Ohio, 2025), the landlord was ordered to pay $2,100 in damages plus $8,834.94 in legal fees due to an unclear breakdown of costs.
- In states such as California, New York and Illinois, a written, itemized statement is required — an oral explanation is insufficient, as a New York court ruled in 2025.
Table of Contents
What a security deposit really is — and isn't.
A security deposit is money that you pay to the landlord to cover any costs arising from unpaid rent or damage caused by you that goes beyond what would be considered normal wear and tear. Think of it as a safety net for the landlord. But here's the part people often overlook: it's still your money. The landlord is merely holding it. If you leave the property in good condition and have paid all your rent, you should generally get the deposit back, though a landlord may still deduct charges for which you are legally liable under the lease.
This is different from a fee. A fee is money you pay and never see again — like a nonrefundable cleaning fee or, in some states, a "fee in lieu of deposit." Florida's CS/HB 133, effective July 1, 2023, now lets landlords offer renters a monthly fee instead of a traditional deposit, and bars them from rejecting your application just because you pick one option over the other (Florida Senate, 2023). That can mean lower upfront costs, but you don't get that money back. Read carefully before you choose.
How much can a landlord ask for? It depends on your state. California generally caps deposits at one month's rent for tenancies with deposits collected on or after July 1, 2024, though smaller landlords may ask for two months in some cases (California Legislature, 2024). New York also caps deposits at one month's rent under General Obligations Law § 7-108(1-a) (New York State Senate, 2025). But Texas and Illinois set no limit in months of rent at all. So what is a security deposit worth in your state? Whatever the law and your lease agreement say — which is exactly why you read before you sign.
The move-out clock starts ticking the day you leave.
Once you hand back the keys, the law gives the landlord a limited timeframe in which to either return your deposit or provide you with a written explanation of what they have kept and why. If they miss this deadline, many states impose severe penalties on landlords.
The deadlines vary considerably.
- In California, the balance must be returned within 21 calendar days, along with an itemized statement (Civil Code § 1950.5).
- New York: 14 days — if the landlord fails to send the statement and deposit on time, they forfeit the right to keep any of it (GOL § 7-108, New York State Senate, 2025).
- In Texas, it is generally 30 days after you surrender the unit (Property Code §§ 92.103–92.109).
- In Illinois, the landlord must provide an itemized statement within 30 days if they wish to withhold any of the deposit for damage. If the landlord does not provide the statement and receipts, the full deposit must be returned within 45 days (765 ILCS 710/1, Illinois General Assembly, 2024).
Texas has a law that catches out many renters. According to Property Code § 92.107, landlords are generally not required to provide refunds until tenants provide them with a written forwarding address. In Lopez v. Larochelle (2025), a Texas Court of Appeals actually overturned a tenant's victory because the evidence did not clearly prove that the tenants had provided that written address. The lesson is simple: provide your new address in writing and keep a copy.
Do you need a Chinese lawyer who speaks Mandarin or Cantonese? Heritage Web can put you in touch.
Normal wear and tear is not your fault.
This is where the biggest disagreements arise. Landlords cannot charge tenants for normal wear and tear — the ordinary aging that occurs when people live somewhere. This includes faded paint, small nail holes, worn carpet in walkways and a little dirt on the walls near light switches. That's life, not damage.
According to Texas Property Code § 92.104, deductions cannot be made for normal wear and tear (Texas Legislature, 2025). Landlords can charge for real damage, such as a broken window, a hole in a door or a carpet ruined by pet stains. The distinction between the two is often the basis of the entire argument.
California tightened this recently. Under AB 2801, which amended Civil Code § 1950.5, landlords must take photos before and after any chargeable repair or cleaning beginning April 1, 2025, and move-in photos for tenancies starting July 1, 2025 (California Legislature, 2025). The same law bars charging for professional cleaning unless it's reasonably needed to return the unit to its move-in condition, minus ordinary wear. Translation: your landlord can't bill you to make the apartment cleaner than it was when you arrived.
My advice to every tenant is to take date-stamped photos and videos on the day you move in and on the day you move out. During the check-out inspection, when the landlord checks the condition of the property, bring someone with you if English is not your first language, to make sure nothing gets lost in translation.
What are the courts actually doing about bad landlords?
Here's some good news! When landlords break deposit rules, courts in several recent cases have sided with tenants, and the penalties can go well beyond simply returning the money.
Consider the case of DiSalle v. Celusta (Ohio Court of Appeals, 2025). The landlord provided a generic itemisation that did not actually identify or evidence the claimed damage. The court awarded $2,100 in statutory damages — double the deposit of $1,050 — plus $8,834.94 in attorney fees. This means the landlord had to pay far more than the deposit was ever worth.
In the case of Bogom-Shanon v. Altman, the New York City Civil Court ruled that an oral explanation of the deductions did not satisfy the written itemisation requirement, and awarded $2,400 in damages — a $1,600 deposit plus $800 in punitive damages (New York State Unified Court System, 2025). Simply telling you why they kept your money is not enough. It has to be in writing.
But courts cut both ways. In Stines v. Bowins (New York Supreme Court, Appellate Term, 2024), the court upheld a $600 deduction for damage that went beyond normal wear and tear and adjusted the tenant's total award to $1,132.88 (New York Supreme Court, Appellate Term, 2024). The point is this: if you genuinely damaged something, a judge will let the landlord charge for it. So treat the place with care, and keep proof of the condition.
A lawyer specializing in security deposits can advise you on whether your case aligns with previous rulings in your state. These cases often hinge on minor details, such as the wording of a statement, a missing photo or missing a deadline by a day.
What to Do When the Landlord Won't Pay: Small Claims Court
If your landlord withholds your deposit without good reason, don't just accept it. Many deposit disputes are small enough to be dealt with in a small claims court, which is usually a simpler and cheaper option, though dollar limits, filing fees and rules on using a lawyer vary by state.
State attorneys general have also taken action against landlords who engage in this practice on a large scale. In a reported case in New York in December 2024, for example, a landlord agreed to return $123,927 to 150 tenants and pay $100,000 in penalties after allegedly withholding deposits without providing a written itemisation of the deductions (New York State Office of the Attorney General, 2024). In another reported case in Minnesota from 2023, a property manager agreed to pay $63,000 in restitution following allegations of unlawful deductions for items such as carpet cleaning and replacing batteries, light bulbs and filters (Minnesota Attorney General's Office, 2023). Those small 'routine' charges you see on a move-out bill? They aren't always legal.
Before filing, gather all the necessary documents: your tenancy agreement, photos of the property taken when you moved in and out, the landlord's itemized deductions, proof of your written forwarding address and records of any rent you paid. Deadlines and procedures for small claims vary depending on where you live, so check your local rules first.
The language barrier is real — and you have options.
A lease agreement written in legal English is difficult enough for native speakers to understand. For many in our community, it might as well be a wall. Landlords know that tenants who can't read the small print or argue in court are less likely to push back. It's not fair, but it's the reality, so we must deal with it.
You don't have to face this alone. The Chinese community is concentrated in a handful of metropolitan areas. Pew's pooled analysis from 2021 to 2023 estimated that there were around 840,000 Chinese residents in the New York metropolitan area, 630,000 in Los Angeles, and 550,000 in San Francisco (Pew Research Center, 2023). These places have genuine resources available in our languages.
In New York, Asian Americans for Equality provides housing counseling in Chinese, English and Spanish, including assistance in accessing legal services, via the number 212-979-8988 (Asian Americans for Equality, 2023). In San Francisco, the Rent Board's referral list directs tenants to the Asian Law Caucus (415-896-1701) and the Chinatown Community Development Center (415-984-2728), which both provide services in Cantonese, Mandarin, and English to renters (San Francisco Rent Board, 2025).
Take a trusted bilingual friend or family member with you to any inspection or negotiation. Put all requests in writing. Never sign anything you don't fully understand — ask for time to have it translated. Remember that this article offers general information, not legal advice, so talk to a qualified attorney about your own situation.
Getting your money back starts with the right help.
Your security deposit is your money. The law provides real protection in the form of deadlines that landlords must meet, written statements that they must provide, and courts that can hold them accountable when they fail to do so. However, these protections only work if you take action: document everything, meet your own deadlines and speak up when something goes wrong.
Don't let a language barrier or an unfamiliar legal system stop you from getting your deposit back if a landlord is holding it without a valid, written reason. Get in touch with a Chinese lawyer who speaks Mandarin or Cantonese and understands your culture. Submit your case details via Heritage Web's secure referral form and take the first step toward getting what you are owed.
Find a Chinese real estate law lawyer
Sources
- Bogom-Shanon v. Altman
- US Census Bureau
- New York State Office of the Attorney General
- DiSalle v. Celusta
- Pew Research Center
- Stines v. Bowins
- Asian Americans for Equality
- Minnesota Attorney General's Office
- Lopez v. Larochelle
- San Francisco Rent Board
- Zillow
- California Legislature
- General Obligations Law § 7-108
- Texas Legislature
- 765 ILCS 710
- CS/HB 133
