The landlord can withhold from the security deposit only those amounts that are reasonably necessary for unpaid rent, repair of damages other than normal wear and tear caused by the tenant or the tenant's guests, and for cleaning the rental unit if the unit was not left as clean as when it was rented. Unpaid rent can include the amount which a tenant owes because proper notice of intention to leave was not given. The notice can be given at any time and does not have to be the same as the day the rent is due. Less notice is required only if the parties have agreed in writing, or if rent is usually paid at a shorter interval. For example, if rent is paid weekly, only a 7 day notice must be given.
Disputes commonly arise over what is meant by normal wear and tear or necessary cleaning.
The landlord must be able to prove the necessity and reasonableness of the amounts claimed. He should be prepared to produce receipts, estimates, witnesses, photos, etc., to support his deductions. A rental agreement that clearly spells out the conditions which the tenant must meet can also be helpful. If after three weeks, the tenant has not received his deposit or an itemized statement of deductions, of if he believes the deductions are improper, he should write to the landlord and keep a copy of the letter. The damages can be awarded if the judge feels that the landlord acted in bad faith and not because of an honest dispute.