Wrongfully withheld deposit (penalties)
The part of a deposit a landlord kept without a lawful basis, and the extra damages states add on top.
Most states let a tenant recover more than the deposit itself when a landlord breaks the rules. The multiplier and the conditions differ by state.
Wrongfully withheld deposit (penalties) by state
| State | Rule | Statute |
|---|---|---|
| Texas | $100 + three times the amount withheld + attorney’s fees (bad faith) | §92.109(a) |
| Michigan | Double the amount retained if the landlord fails to comply | MCL 554.613 |
| Arizona | Twice the amount wrongfully withheld | A.R.S. §33-1321(E) |
| Ohio | Amount wrongfully withheld again as damages + attorney’s fees | §5321.16(C) |
| New York | Actual damages; up to twice the deposit if willful | GOL §7-108(1-a)(g) |
| Washington | Up to twice the deposit for intentional refusal | RCW 59.18.280(2) |
| North Carolina | Willful failure voids the right to keep any of it; attorney’s fees possible | §42-55 |
Definitions and rules come from each state’s official statute text. This is general information, not legal advice. All terms