Quick Answer
Each state sets its own deposit deadline and its own consequence for missing it. California gives you 21 days, and bad-faith retention can lead to statutory damages of up to twice the deposit. Texas gives you 30 days after surrender, and missing it presumes bad faith. New York gives you 14 days, and missing it forfeits your right to keep any part of the deposit. Massachusetts gives you 30 days, and missing it forfeits your right to keep the deposit and exposes you to three times the deposit, 5% interest, and attorney’s fees. Statute text last checked October 2, 2026.
Key Takeaways
- The consequence varies by state. The same two-day slip costs you a penalty in one state and the whole deposit in another.
- California does not forfeit automatically. The California Supreme Court held in Granberry v. Islay Investments (1995) that a good-faith failure to meet the deadline does not bar a landlord from recovering damages for rent, repairs, and cleaning.
- Texas presumes bad faith. Under Property Code § 92.109(d), missing Day 30 presumes bad faith, and you must show the retention was reasonable (§ 92.109(c)).
- New York and Massachusetts forfeit. Both statutes take away your right to retain any part of the deposit if you miss the deadline.
- Count from your state’s trigger. Statutes start the clock at different events, so read the one for your state.
1. California: 21 Days
Civil Code § 1950.5(h) requires you to furnish an itemized statement and any refund within 21 calendar days after the tenant vacates. When repair or cleaning charges exceed $125, you attach copies of the supporting documents, and a good-faith estimate with a follow-up inside 14 days can apply when work is unfinished.
A bad-faith claim or retention can lead to statutory damages of up to twice the deposit in addition to actual damages. In Granberry, the Court held that a landlord who failed in good faith to use the statute’s deduct-and-retain procedure may still recover damages for unpaid rent, repairs, and cleaning, and must prove them. The case interpreted an earlier version of the statute, so ask your attorney how it applies today.
2. Texas: 30 Days
Under Property Code § 92.103(a), you refund the deposit on or before the 30th day after the tenant surrenders the premises. Your duty to return it or give an itemized list arises once the tenant gives you a written forwarding address (§ 92.107(a)).
If you neither return the deposit nor provide the itemized list by the 30th day, you are presumed to have acted in bad faith (§ 92.109(d)). A bad-faith retention exposes you to $100, three times the portion wrongfully withheld, and the tenant’s attorney’s fees (§ 92.109(a)). A bad-faith failure to provide the itemized list forfeits your right to withhold any part of the deposit or to sue for damages to the premises (§ 92.109(b)). See the Texas timeline guide.
3. New York: 14 Days
General Obligations Law § 7-108(1-a)(e) requires an itemized statement and the balance of the deposit within 14 days after the tenant vacates. If you fail to comply, you forfeit any right to retain any portion of the deposit. Section 7-108(1-a)(b) also bars deductions for ordinary wear and tear.
4. Massachusetts: 30 Days
Under G.L. c. 186, § 15B(4), you return the deposit, less lawful deductions, within 30 days after the tenancy ends. Under § 15B(6), failing to give the itemized list or return the deposit in time forfeits your right to retain it or to counterclaim for damages. Under § 15B(7), a tenant may recover three times the deposit, with interest at 5% from the date the payment was due, plus court costs and reasonable attorney’s fees. The statute does not require the tenant to prove bad faith to reach those remedies.
5. Documents Still Matter If You Are On Time
An on-time statement with no support can still be challenged. Keep move-in and move-out photographs, invoices for repair and cleaning, and a dated condition report. See the wear and tear guide.
6. Summary
| California | Texas | New York | Massachusetts | |
|---|---|---|---|---|
| Deadline | 21 days | 30 days after surrender | 14 days | 30 days |
| If missed | Penalty only for bad faith | Bad faith presumed | Forfeit right to retain | Forfeit right to retain |
| Penalty | Up to twice the deposit | $100, 3x, and fees | Loss of deduction right | 3x, 5% interest, and fees |
7. Questions Owners Ask
Does mailing by the deadline count? It depends on the wording of your state’s statute, such as “furnish,” “provide,” or “return.” Plan for delivery inside the period.
The tenant caused real damage. Does a late statement erase my claim? In New York and Massachusetts the statutes take away your right to retain. In California, Granberry says a good-faith failure does not bar damages. In Texas you may be presumed to have acted in bad faith. Ask your attorney about your facts.
Does an LLC change my exposure? The statutes impose duties on the landlord. Whether holding title through an LLC changes your personal exposure depends on your facts, so ask your attorney.
What This Guide Does Not Cover
This guide covers deposit-return deadlines and consequences in California, Texas, New York, and Massachusetts for residential tenancies. It describes the statutes as of the check date above and does not predict how a court will rule on your facts.
It does not cover:
- Other states, whose deadlines and penalties differ.
- Commercial leases.
- Bankruptcy stays.
- Local interest rules on deposits.