I Was Evicted: Can I Still Get My Security Deposit Back?
Act within your state's statutory deadline from vacating -- Start with Step 1 below.
Most important first step: Understand that eviction does not forfeit your deposit
Step-by-Step Action Plan
Understand that eviction does not forfeit your deposit
A security deposit is held for specific purposes: unpaid rent and physical damage beyond normal wear and tear. Even after an eviction, the landlord can only apply the deposit to these documented losses. They cannot keep the entire deposit simply because an eviction occurred.
Determine what amounts the landlord can legitimately deduct
The landlord may legitimately deduct: any unpaid rent established in the eviction proceeding, court-awarded costs if applicable, and documented physical damage beyond normal wear and tear. Any amount beyond these documented, legitimate deductions must be returned.
Tip: Use GetItBack's free tool to understand how eviction affects deposit rights in your state.
Request a written itemization of all deductions
Even after an eviction, the landlord must provide a timely written itemization. Send a written request for this itemization if you have not received one. The statutory itemization deadline still applies, measured from your actual vacate date.
Challenge any deductions beyond the eviction judgment and actual damages
If the landlord is applying the deposit to amounts that were not established in the eviction proceeding or that are not documented physical damage, dispute those deductions in writing. Inflated damage claims and improperly included charges are as disputable post-eviction as in any other situation.
Send a demand for the remaining deposit balance
Calculate the legitimate deductions (established unpaid rent, documented damage) and subtract from your deposit. If there is a remaining balance, send a formal demand for its return. Cite your state's deposit return statute.
File in small claims for any improper withholding
Post-eviction deposit claims are filed in small claims court, separate from the eviction proceeding. Bring the eviction judgment (to show what was formally established as owed), the landlord's itemization, and your documentation of the unit's condition.
Frequently Asked Questions
Can the landlord keep my deposit for court costs from the eviction?
Only if the eviction judgment specifically awarded court costs against you. If the judgment did not include costs, the landlord cannot unilaterally add them to the deposit deduction. Check the exact terms of any eviction judgment.
What if the eviction was wrongful?
If you were wrongfully evicted, you may have additional claims beyond the deposit. Consult a tenant rights attorney. At minimum, a wrongful eviction affects the legitimacy of any damage or unpaid rent claims the landlord makes.
Does the eviction stay on my record if I get the deposit back?
The eviction record and the deposit dispute are separate matters. Recovering your deposit does not affect the eviction record. Conversely, an eviction on your record does not eliminate your deposit rights.
What if the landlord claims I damaged the unit during the eviction process?
Any damage claimed must be documented with photos and invoices taken after you vacated. If the landlord cannot show the damage occurred during your tenancy as opposed to afterward, the charge is not valid.
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