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🏦 Security Deposit Rules by State
Maximum deposit amounts, return deadlines, and late fee caps for all 50 states + DC.
| State ▼ | Return Deadline ▼ | Maximum Deposit ▼ | Late Fee Cap ▼ | Notes |
|---|---|---|---|---|
| Alaska | 14 days | 2 months rent (no limit if rent >$2,000/mo) | No state cap - must be reasonable | Must return within 14 days with itemized statement. Interest not required. |
| Arizona | 14 days | 1.5 months rent | No state cap | Must return within 14 days with itemized statement of deductions. Failure to comply may result in landlord liability for twice the deposit. |
| Hawaii | 14 days | 1 month rent (plus 1 additional month if tenant has pet) per HRS §521-44(b) | 8% of monthly rent | Must return within 14 days with itemized statement. Interest not required. |
| New York | 14 days | 1 month rent | Lesser of $50 or 5% of monthly rent | HSTPA (2019) capped at 1 month regardless of unit type. Must return within 14 days with itemized deductions or forfeit right to retain. No pet depo... |
| Nebraska | 14 days | 1 month rent + 0.25 month pet deposit (§ 76-1416(1)) | No statutory cap | 14-day return with written itemization. No separate account required. No interest required. Willful failure to return = tenant recovers 1 month ren... |
| South Dakota | 14 (return or written explanation of deductions) days | 1 month rent (higher if special circumstances pose danger to maintenance - § 43-32-6.1) | No statutory cap | 14-day return with explanation of deductions. If tenant requests, landlord must provide written itemized accounting within 45 days of request. 1 mo... |
| Vermont | 14 days | No statutory cap statewide (Burlington: 1 month max; Barre: interest required) | No statutory cap | 14-day return with itemized deductions. No statewide cap (but Burlington caps at 1 month). Barre requires interest on deposits. Deductions: unpaid ... |
| Florida | 15 (no claim) or 30 (with claim) days | No statutory limit | No state cap | If landlord intends to claim deposit, must send notice within 30 days by certified mail. Tenant has 15 days to object. If no claim, return within 1... |
| Delaware | 20 days | 1 month rent (no pet deposit allowed separately) | 5% of monthly rent | Must return within 20 days. Failure to return results in double deposit penalty. |
| Rhode Island | 20 days | 1 month rent (§ 34-18-19); cannot require both security deposit AND last month's rent | No statutory cap | 20-day return by mail to tenant's forwarding address with itemized deductions. 1 month max - cannot require both security AND last month rent (anti... |
| California | 21 days | 1 month rent (regardless of furnished/unfurnished) - eff. July 1, 2024 per AB 12 | No state cap, but must be reasonable estimate of damages | Must return within 21 days with itemized statement. AB 12 (eff. 2025) lowered max deposit to 1 month for most landlords. Landlords with 1-2 propert... |
| Idaho | 21 (or 30 if lease specifies) days | No statutory limit | No state cap | Must return within 21 days (or 30 if stated in lease) with itemized list. |
| Washington | 21 days | No state limit | Less than $20 or 20% of monthly rent, whichever is greater | No statutory cap on deposit amount. Return within 21 days with itemized deductions and full statement. Written move-in checklist required documenti... |
| Minnesota | 21 days | No statutory cap | No statutory cap; must be reasonable | 21-day return with itemized deductions and receipts. Interest: landlord must pay 1% simple interest per year on deposits held 6+ months (Minn. Stat... |
| Wisconsin | 21 (ATCP 134.06) days | No statutory cap | No statutory cap | 21-day return with itemized statement. No cap statewide. Cannot deduct for routine cleaning or normal wear/tear. Failure to return within 21 days =... |
| North Carolina | 30 days | 2 weeks rent (week-to-week), 1.5 months rent (month-to-month), 2 months rent (longer than month-to-month) | No state cap - must be reasonable and in lease | Must be held in trust account. Itemized damage list required within 30 days. Interim inspection notice allowed. |
| South Carolina | 30 days | No statutory limit | No state cap | Landlord must return deposit within 30 days with itemized list of deductions. Must be held in separate account. |
| Georgia | 30 days | No statutory limit | No state cap | Must provide move-in inspection list. Must return within 30 days with itemized deductions. Applies to properties with 10+ units or if landlord uses... |
| Tennessee | 30 days | No statutory limit | No state cap - 10% is common industry standard | Must return within 30 days with itemized list. No cap on amount. Must notify tenant of any deductions. |
| Kentucky | 30 days | No statutory limit | No state cap | Must hold in separate account (KRS §383.580(1)). If tenant leaves owing rent & doesn't demand return: landlord may claim after 30 days. If refund d... |
| Colorado | 30 (up to 60 if lease specifies) days | No statutory limit | $50 or 5% of monthly rent (whichever is greater) | Must return within 30 days (60 if stated in lease) with itemized statement. Failure results in treble damages. |
| Connecticut | 30 days | 2 months rent | No state cap | Must be held in escrow and return within 30 days with itemized statement. Interest must be paid to tenant annually. |
| Texas | 30 days | No statutory limit | No state cap for most rentals | Must return within 30 days with itemized list sent to forwarding address. Failure to comply: landlord liable for 3x deposit wrongfully withheld plu... |
| New Jersey | 30 days | 1.5 months rent | 5% of monthly rent | Max 1.5 months rent (all deposits combined including pet deposits). Must be in interest-bearing account at NJ bank. Annual interest must be paid to... |
| Ohio | 30 days | No state limit | No state cap | No cap on security deposit amount. Must return within 30 days with itemized list of deductions. No requirement for interest-bearing account. Tenant... |
| Pennsylvania | 30 days | 2 months rent (first year); 1 month rent (subsequent years) | No state cap | First year: max 2 months rent. Second year+: max 1 month rent. After 5 years: cannot increase deposit. Deposits over $100 must be in escrow at stat... |
| Massachusetts | 30 days | 1 month rent | No state cap but restricted | EXTREMELY strict: Max 1 month rent. Must be held in separate interest-bearing MA bank account. Must provide receipt + Statement of Condition within... |
| Michigan | 30 days | 1.5 months rent | No state cap | Max 1.5 months rent. Must return within 30 days with itemized deductions. Must be held in regulated financial institution. Landlord must provide te... |
| Louisiana | 30 days | No state limit | No state cap | No statutory cap on deposit amount. Return within 30 days (1 month) with itemized deductions (RS 9:3251). Penalty for willful failure: $300 or 2x a... |
| Nevada | 30 days | 3 months rent (NRS 118A.242) | No statutory cap; must be reasonable | 30-day return with itemized deductions. Surety bond alternative allowed if all parties agree. Penalty for wrongful withholding: actual damages plus... |
| Missouri | 30 days | 2 months rent (RSMo § 535.300) | No statutory cap | 30-day return with itemized deductions. Must hold in federally-insured financial institution. No interest required. Tenant has right to be present ... |
| Iowa | 30 days | 2 months rent (§ 562A.12(1)) | Yes - statutory caps: rent ≤$700: max $12/day or $60/month; rent >$700: max $20/day or $100/month | 30-day return with itemized statement. Must hold in separate trust account at federally insured institution - cannot commingle. Landlord keeps inte... |
| Kansas | 30 (14 if landlord withholds any portion) days | 1 month rent (unfurnished); 1.5 months (furnished); +0.5 month pet deposit (§ 58-2550(a)) | No statutory cap | 30 days return if no deductions; 14 days if deductions with itemized statement. No interest required. Failure to return on time = forfeiture of rig... |
| Maine | 30 (lease tenancy); 21 (tenancy at will) days | 2 months rent (3 months for mobile home parks) (14 MRSA § 6032) | No statutory cap; must be reasonable | 30-day return for lease; 21 days for tenancy-at-will. Itemized deductions required. Must hold in separate account not commingled. Failure to return... |
| Montana | 30 (10 if landlord withholds for damages) days | No statutory cap (typically 1-2 months) | No statutory cap | 30-day return; 10 days if withholding for damages with itemized statement. Must give 24-hour written notice before cleaning inspection so tenant ca... |
| New Hampshire | 30 days | 1 month rent or $100 (whichever greater) for multi-unit; no limit for single-family homes (RSA 540-A:6) | No statutory cap | 30-day return with itemized deductions. Must hold in trust - remains tenant's money. Cannot commingle with personal funds (separate account allowed... |
| New Mexico | 30 days | No statutory cap (typically 1 month; interest required on amounts exceeding 1 month for leases over 1 year) | Yes - 10% of monthly rent (§ 47-8-15(D)) | 30-day return with itemized deductions. Must hold in separate interest-bearing account. Interest on deposits exceeding 1 month's rent for leases ov... |
| North Dakota | 30 days | 1 month rent; up to 2 months or $2500 (whichever greater) with pets (§ 47-16-07.1) | No statutory cap | 30-day return after tenant surrenders premises. Must hold in interest-bearing or checking account. Interest paid to tenant if occupancy 9+ months. ... |
| Utah | 30 days | No statutory cap | No statutory cap | 30-day return with itemized deductions. No interest required. No separate account required. Lease must state if any portion is nonrefundable. NEW 2... |
| Wyoming | 30 (or 15 days after tenant provides new address, whichever is later; 60 days if deductions) days | No statutory cap | No statutory cap | 30-day return (or 15 days after new address provided, whichever later). 60 days if deductions. No interest required. Lease must disclose if any por... |
| Oregon | 31 days | No statutory cap | Reasonable; flat fee or daily (max 6% of flat fee) or 5% of rent every 5 days | 31-day return with itemized deductions. Failure to return = 2x deposit liability. No interest requirement. Move-in/move-out condition report recomm... |
| Illinois | 30-45 days | No state limit | No state cap - must be reasonable | State law: 30 days if 5+ units (no deductions) or 45 days (with itemized deductions). No state deposit cap. Chicago RLTO: 30 days return, requires ... |
| Virginia | 45 days | 2 months rent | Yes - cannot exceed the lesser of 10% of periodic rent or 10% of remaining balance due (§55.1-1204(E)) | Return within 45 days with itemized deductions. Cannot exceed 2 months rent. Must hold in escrow. Move-in inspection report recommended. |
| Mississippi | 45 days | No statutory limit | No state cap | Return within 45 days with itemized deductions. |
| Maryland | 45 days | 2 months rent | 5% of monthly rent | Max 2 months rent (Renters' Rights Act may reduce to 1 month for some cases). Must be held in escrow account at federally insured institution withi... |
| Indiana | 45 days | No statutory cap (but typical 1-2 months) | No statutory cap; must be reasonable | 45-day return with itemized deductions (IC § 32-31-3-12). Receipts required for deductions over $126. Failure to return within 45 days = tenant can... |
| Oklahoma | 45 days | No statutory cap | No statutory cap | 45-day return with itemized deductions. Must hold in federally insured escrow account within state. No interest required. Failure to return = tenan... |
| Washington DC | 45 days | 1 month rent (14 DCMR § 308.2). Cannot collect deposit for units occupied on or before July 17, 1985. | 5% of full monthly rent (§ 42-3505.31(a)) | 1 month max. Must deposit in interest-bearing escrow account in DC within 30 days of receipt. Interest paid to tenant annually (landlord must discl... |
| Alabama | 60 days | 1 month rent | No state cap | Return within 60 days (35 if landlord sends itemized list). Cannot exceed 1 month rent. |
| West Virginia | 60 days | No statutory limit | No state cap | Return within 60 days with itemized list. No statutory cap on amount. |
| Arkansas | 60 days | 2 months rent | No state cap | Must return within 60 days with itemized list. Landlord forfeits right to withhold if no list provided. |
Underground Landlord
Security Deposit Laws by State
Why Security Deposit Laws Matter
Security deposits cause more landlord-tenant disputes than any other issue. More than late rent. More than property damage. More than noise complaints.
The reason is simple. Every state has different rules. Miss your deadline by one day in California? You forfeit the entire deposit. All of it. Plus you might owe the tenant double damages and their attorney fees.
In Texas, you have 30 days. In New York, 14 days. In North Dakota, 30 days. Get it wrong and you’re paying out of pocket.
This database shows you the rules for all 50 states and DC. Return timelines. Maximum amounts. Interest requirements. Itemization rules. Everything.
Use the interactive map below and find state specific useful information.
Four Rules That Vary By State
Return Timeline. This is the killer. How long you have to return the deposit or send an itemized statement after the tenant moves out. It ranges from 14 days to 60 days depending on your state. Miss it and you lose. The clock starts when the tenant vacates, not when the lease ends. Not when they turn in keys. When they actually leave.
California gives you 21 days. Florida gives you 15 days if you’re not making deductions, 30 days if you are. Illinois gives you 30 days for properties in cities under 25,000 people, but only 7 days for properties in Chicago. Yes, really.
Maximum Amount. Most states cap security deposits at one to two months’ rent. Some allow more. Montana allows whatever you want. California limits you to two months’ rent for unfurnished units, three months for furnished. Massachusetts allows one month’s rent, period.
If you collect more than the legal limit, you’re in violation from day one. Tenants can sue to recover the excess plus penalties.
Interest Requirements. Some states require you to pay interest on security deposits. Connecticut, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, and Virginia all have interest requirements. The rate varies. Some states set a specific percentage. Others tie it to bank rates. Some require separate interest-bearing accounts.
Fail to pay required interest and you’ve violated state law. The tenant can sue.
Itemization Requirements. Every state requires an itemized statement if you’re withholding any part of the deposit. But the details vary. Some states require receipts for any deduction over $125. Some require before and after photos. Some require you to give the tenant a chance to fix problems before move-out.
The itemized statement must list each deduction with the amount and reason. “Damages: $800” doesn’t cut it. You need “Repair hole in bedroom wall: $250, invoice attached. Replace broken blinds: $150, receipt attached. Carpet cleaning: $200, receipt attached. Three days unpaid rent: $200.”
Vague statements get thrown out in court.
Common Mistakes That Cost Landlords Money
Missing the deadline. This is the big one. Landlords think “I’ll get to it next week” and suddenly two months have passed. In many states, missing the deadline means automatic forfeiture of the entire deposit. You can’t deduct anything. Not for damages. Not for unpaid rent. Not for cleaning. Nothing.
Deducting for normal wear and tear. You cannot charge tenants for normal wear and tear. Faded paint after five years? That’s normal. Worn carpet in high-traffic areas? Normal. Minor scuffs on walls? Normal. Tenants only pay for damage beyond normal aging and use.
Judges see this all the time. Landlord deducts $500 for carpet replacement after a six-year tenancy. Carpet’s useful life is 7-10 years. The tenant wins. The landlord pays back the $500 plus court costs.
Wrong mailing address. You must send the deposit return or itemized statement to the tenant’s last known address. If the tenant left a forwarding address, use it. If not, try the rental unit address. If it bounces back, keep it and document your attempt. Don’t just pocket it because you couldn’t find them.
No documentation. If you’re making deductions, you need proof. Photos of damage. Receipts for repairs. Invoices from contractors. Written estimates. Your word against theirs doesn’t work in court. The landlord bears the burden of proof on deposit deductions.
How to Use This Database
Find your state in the table below. Check all four requirements: return deadline, maximum amount, interest rules, and itemization requirements. Every state is different.
Set calendar reminders for the return deadline minus three days. This gives you buffer time if something goes wrong. Take move-in and move-out photos. Keep all receipts. Send everything certified mail with return receipt.
Follow the rules exactly. Security deposit violations are the easiest cases for tenants to win. And the penalties hurt.
💰 Access Complete Security Deposit Database Free
Return timelines, maximum amounts, interest requirements, and itemization rules for all 50 states and DC.
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