24 C.F.R. § 880.608
§ 880.608 Security deposits. (24 CFR Part 880)
Operative Text
(a) At the time of the initial execution of the lease, the owner will require each family to pay a security deposit in an amount equal to one month's Total Tenant Payment or $50, whichever is greater. The family is expected to pay the security deposit from its own resources and/or other public sources. The owner may collect the security deposit on an installment basis. (b) The owner must place the security deposits in a segregated, interest-bearing account. The balance of this account must at all times be equal to the total amount collected from the families then in occupancy, plus any accrued interest. The owner must comply with any applicable State and local laws concerning interest payments on security deposits. (c) In order to be considered for the return of the security deposit, a family which vacates its unit will provide the owner with its forwarding address or arrange to pick up the refund. (d) The owner, subject to State and local law and the requirements of this paragraph, may use the security deposit, plus any accrued interest, as reimbursement for any unpaid family contribution or other amount which the family owes under the lease. Within 30 days (or shorter time if required by State, or local law) after receiving notification of the family's forwarding address, the owner must: (1) Refund to a family owing no rent or other amount under the lease the full amount of the security deposit, plus accrued interest; (2) Provide to a family owing rent or other amount under the lease a list itemizing any unpaid rent, damages to the unit, and estimated costs for repair, along with a statement of the family's rights under State and local law. If the amount which the owner claims is owed by the family is less than the amount of the security deposit, plus accrued interest, the owner must refund the unused balance to the family. If the owner fails to provide the list, the family will be entitled to the refund of the full amount of the security deposit plus accrued interest. (e) In the event a disagreement arises concerning reimbursement of the security deposit, the family will have the right to present objections to the owner in an informal meeting. The owner must keep a record of any disagreements and meetings in a tenant file for inspection by the contract administrator. The procedures of this paragraph do not preclude the family from exercising its rights under State and local law. (f) If the security deposit, including any accrued interest, is insufficient to reimburse the owner for any unpaid tenant rent or other amount which the family owes under the lease, and the owner has provided the family with the list required by paragraph (d)(2) of this section, the owner may claim reimbursement from the contract administrator, as appropriate, for an amount not to exceed the lesser of: (1) The amount owed the owner, or (2) One month's contract rent, minus the amount of the security deposit plus accrued interest. Any reimbursement under this section will be applied first toward any unpaid tenant rent due under the lease. No reimbursement may be claimed for unpaid rent for the period after termination of the tenancy.
Under 24 CFR Part 880 § 880.608, owners of federally assisted housing covered by this program must collect a security deposit at lease signing equal to one month's Total Tenant Payment or $50, whichever is larger, and must hold all deposits in a segregated, interest-bearing account that stays fully funded at all times. When a family moves out and provides a forwarding address, the owner has 30 days (or less if state or local law requires) to either return the full deposit with interest or provide an itemized list of claimed charges and refund any unused balance. Families retain the right to dispute deposit deductions through an informal meeting with the owner and may also pursue whatever remedies state and local law provide.
Plain English — not legal advice.
Operators subject to 24 CFR Part 880 § 880.608 generally maintain a dedicated, interest-bearing account holding the full aggregate of all collected deposits plus accrued interest at all times, and comply with any state or local rules on interest payments. Upon a family's departure, a compliant operator acts within the 30-day window—or any shorter period set by state or local law—by either issuing a full refund or delivering a written, itemized statement of charges along with any remaining balance; failing to provide that itemized list forfeits the right to retain any portion of the deposit. When deposit funds fall short of documented amounts owed, § 880.608(f) outlines a process for seeking limited reimbursement from the contract administrator, capped at one month's contract rent minus the deposit and interest already collected.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 880 § 880.608, tenants in this program have the right to have their security deposit held in a segregated, interest-bearing account and to receive either a full refund or a written itemized accounting of any deductions within 30 days of providing a forwarding address (or sooner if state or local law requires). If an owner fails to provide the required itemized list, the provision entitles the family to a full refund of the deposit plus accrued interest. Tenants who disagree with deductions may request an informal meeting with the owner under § 880.608(e), and that process does not limit any separate rights available under state or local law—tenant-rights organizations or a local rent board can be useful resources for understanding those additional options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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