24 C.F.R. § 982.313
§ 982.313 Security deposit: Amounts owed by tenant. (24 CFR Part 982)
Operative Text
(a) The owner may collect a security deposit from the tenant. (b) The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. (c) When the tenant moves out of the dwelling unit, the owner, subject to State or local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid rent payable by the tenant, damages to the unit or for other amounts the tenant owes under the lease. (d) The owner must give the tenant a written list of all items charged against the security deposit, and the amount of each item. After deducting the amount, if any, used to reimburse the owner, the owner must refund promptly the full amount of the unused balance to the tenant. (e) If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may seek to collect the balance from the tenant.
Under 24 CFR Part 982 § 982.313, owners participating in the Housing Choice Voucher program are permitted to collect security deposits from tenants, but a Public Housing Authority (PHA) may cap those deposits to prevent them from exceeding what is typical in the private market or what is charged to unassisted tenants. When a tenancy ends, the owner may apply the deposit—including any accrued interest—toward unpaid rent, unit damages, or other lease-related charges, subject to applicable state or local law. The owner is required to provide the tenant with an itemized written list of any deductions and must promptly return whatever portion of the deposit remains after those deductions are made. If the deposit does not fully cover what the tenant owes, the owner retains the right to pursue the remaining balance.
Plain English — not legal advice.
Operators participating in the Housing Choice Voucher program should be aware that § 982.313 permits security deposit collection but subjects deposit amounts to potential PHA limits tied to local market norms or amounts charged to unassisted tenants. Compliant operators generally document all deductions with a written itemized list provided to the tenant at move-out, and they promptly refund any unused balance in accordance with applicable state or local law. Where a deposit falls short of covering legitimate lease obligations, § 982.313 preserves the owner's ability to seek the remaining balance from the tenant through appropriate channels.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 982.313, tenants in the Housing Choice Voucher program have a right to receive a written, itemized list of any charges the owner deducts from their security deposit, along with a prompt refund of any remaining balance. If a tenant believes a deposit was improperly withheld or that deductions were not properly itemized, options generally include raising the issue with the local PHA, filing a complaint with a relevant state or local housing agency, or contacting a tenant-rights organization for guidance. Because state and local law also governs how security deposits must be handled, tenants may find additional protections beyond what § 982.313 itself provides.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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