Most states have definitive laws regarding landlord-tenant relationships. Often, this includes various rules regarding security deposits, including how much a landlord can charge, when they have to be returned, and more. Here is an overview of security laws by state, including a breakdown of any rules that are in place.
Security Deposit Laws in Alabama
Ala. Code § 35-9A-201 outlines many of the state’s laws regarding security deposits. Generally, landlords can only request one month’s rent as a security deposit, along with a “reasonable” fee for pets. Tenants are not owed interest on any funds provided as a deposit.
Landlords have to return the security deposit within 35 days after the tenant vacates the premise. However, they can refund less than the full deposit amount as long as the removed funds are covering unpaid rent or damage beyond typical wear and tear or standard cleanings.
Security Deposit Laws in Alaska
In Alaska, state Stat. §§ 34.03.070 and 34.03.210 cover the bulk of the security deposit-related rules. This includes the maximum amount allowable. For rent below $2,000 a month, landlords can charge no more than two months’ rent as a security deposit. For rents above $2,000, there is no limit.
Landlords can remove funds to cover unpaid rent and damage beyond wear and tear once a tenant leaves the unit. The remaining money has to be returned within 14 or 30 days, depending on the reason the tenant had to vacate the unit.
Security Deposit Laws in Arizona
Ariz. Rev. Stat. Ann. § 33-1321 limits security deposits to one-and-one-half months’ rent. However, it does give tenants the option to choose to pay more.
When a tenant leaves, the landlord can use the security deposit to cover back rent, damage over wear and tear, and certain other charges if agreed upon within the lease. If money remains, the landlord has no more than 14 business days to return the excess funds.
Security Deposit Laws in Arkansas
Ark. Code Ann. §§ 18-16-303, 18-16-304, and 18-16-305 cover issues relating to security deposits. The maximum allowed amount is the equivalent of two months’ rent.
Once the tenant leaves the property, the security deposit has to be returned within 60 days. However, the landlord can first use any available money to cover any accrued back rent, damage beyond wear and tear, and fees for a breach of lease, if applicable.
Security Deposit Laws in California
Cal. Civ. Code §§ 1950.5 discusses security deposits. The state limits the required deposit to two months’ rent for unfurnished units, and three months’ rent for furnished units.
Additionally, landlords have to return the security deposit funds within 21 days after a tenant vacates. Before doing so, a landlord can remove money for past-due rent, damage beyond wear and tear, and certain other charges outlined in the lease.
Security Deposit Laws in Colorado
Security deposits in Colorado are governed by Colo. Rev. Stat. §§ 38-12-102, 38-12-103, and 38-12-104. There is no security deposit limit listed in any Colorado law or statute.
However, landlords are required to return a deposit – minus any unpaid rent, cash for damages over normal wear and tear, and other charges as outlined in the lease – within one month to 60 days depending on what’s listed in the lease agreement.
Security Deposit Laws in Connecticut
Conn. Gen. Stat. Ann. § 47a-21 states that security deposits can be no more than two months’ rent for tenants under the age of 62. For tenants aged 62 or older, one months’ rent is the maximum permitted as a security deposit.
Any interest earned on the security deposit funds is owed to the tenant. However, the landlord can keep security deposit money (and any accrued interest) under certain circumstances. For example, barring any amount to cover damage beyond wear and tear, back rent, or other charges in the lease are approved reasons to keep some or all of the deposit.
Otherwise, Landlords have either 30 days to return the remaining money, or 15 days after being notified of a forwarding address, whichever is later.
Security Deposit Laws in Delaware
Per Del. Code Ann. tit. 25, §§ 5514 and 5311, security deposits aren’t limited. However, for unfurnished units where the renter doesn’t have pets, any amount above and beyond one months’ rent must be returned after the tenant has been in the rental for one year.
When a tenant leaves a property, the landlord has 20 days to return the remaining funds if there are no deductions, such as costs associated with repairing damage beyond wear and tear or covering past due rent. If there are deductions, the cash must be refunded within 20 with a written notice outlining the deductions.
Security Deposit Laws in District of Columbia (Washington DC)
Based on D.C. Code Ann § 42-3502.17 and D.C. Mun. Regs. Tit. 14, §§ 308 to 310, there aren’t specific limits on security deposits. However, the renter is owed any accrued interest on the money, suggesting that it isn’t used to cover back rent, damage, or charges listed in the lease.
Landlords must refund any remaining security deposit money within 45 days of the tenant vacating or they must provide a notice of withholding within that timeframe. With a proper notification, the landlord has 30 days after the notice date to return the remaining deposit.
Security Deposit Laws in Florida
There are no security deposit limits in Florida. However, Fla. Stat. Ann. §§ 83.49 does state that landlords have 15 days to return the money after a tenant vacates if there are no charges against the deposit. If there are charges, they have 30 days to refund any remaining money.
Security Deposit Laws in Georgia
Georgia also has no formal security deposit limit. Ga. Code Ann. §§ 44-7-30 to 44-7-37 does note that landlords can keep deposit funds to cover standard costs, like late rent, damage over standard wear and tear, and other charges outlined in the lease. Additionally, it states that landlords have one month to return the remaining money.
Security Deposit Laws in Hawaii
Haw. Rev. Stat. § 521-44 limits security deposits to one months’ rent. When a tenant vacates, landlords can use the money to cover back due rent, damage beyond wear and tear, and any other charges included in the lease. After that, the rest must be refunded within 14 days.
Security Deposit Laws in Idaho
There are no security deposit maximums in Idaho. Idaho Code § 6-321 does allow security deposit funds to cover any charge agreed upon in the lease, aside from wear and tear. Additionally, it mandates that landlords return the money within 21 to 30 days of the lease ending, depending on what’s in the agreement.
Security Deposit Laws in Illinois
Indiana has no security deposit maximum. 765 Ill. Comp. Stat. 710/1 and 715/1 to 715/3 to cover a range of scenarios. Tenants are owed interest on their deposit if the landlord has 25+ units. Money can be removed from the deposit to cover late rent, damage beyond wear and tear, lease breach fees, and other agreed-upon charges.
After a tenant moves out, if there are no deductions, the landlord must issue a refund within 45 days. If there are deductions, the landlord has to provide a written account along with a partial refund within 30 days.
Security Deposit Laws in Indiana
Indiana does not limit security deposits. Per Ind. Code Ann. §§ 32-31-3, the money can be used to cover unpaid rent and utilities, as well as lease breach fees and damage. Any refund owed must be returned within 45 days of the tenant vacating.
Security Deposit Laws in Iowa
Iowa Code Ann. § 562A.12 limits security deposits to two months’ rent. If a tenant stays in a property for at least five years, they are then owed interest on the funds.
Security deposits must be refunded within 30 days of the tenant leaving, minus any money used to cover back rent, damage beyond wear and tear, and cost of recovering possession of the unit if the tenant was acting in bad faith when withholding.
Security Deposit Laws in Kansas
Per Kan. Stat. Ann. §§ 58-2550, security deposits are limited to two months’ rent. Money can be withheld to cover past due rent, damage over and above standard wear and tear, and for lease breach fees. Otherwise, landlords must return any remaining money within 30 days of the tenant leaving.
Security Deposit Laws in Kentucky
There are no security deposit limits in Kentucky. However, per Ky. Rev. Stat. Ann. § 383.580, funds can only be removed to cover late rent, excess damage, and lease breaches. Landlords have 30 days to pay the remaining amount if the tenant claims it properly.
Security Deposit Laws in Louisiana
Louisiana has no maximum for security deposits. Based on La. Rev. Stat. Ann. § 9:325, only damage above wear and tear and defaults listed in the lease can be covered with the funds. The landlord must refund the rest within one month. However, if the tenant wrongfully abandons the unit, a refund is not required.
Security Deposit Laws in Maine
Per Me. Rev. Stat. Ann. tit. 14, §§ 6031 to 6038, security deposits can’t exceed two months’ rent. Aside from wear and tear, the money can be used to address any fees outlined in the lease, including utilities and costs associated with storage.
If there’s a lease, refunds are due within 30 days. In a tenancy-at-will scenario, the money must be returned within 21 days.
Security Deposit Laws in Maryland
Maryland also has a two months’ rent limit for security deposits. Based on Md. Code Ann. [Real Prop.] § 8-203, unpaid rent, lease breaches, and excess damage can be cause for a landlord to keep some of the funds.
Tenants do earn interest on their deposits. Additionally, they are owed a refund of any remaining money within 45 days unless the landlord has just cause for a more prolonged hold.
Security Deposit Laws in Massachusetts
According to Mass. Gen. Laws Ann. ch. 186, § 15B, security deposits are limited to one months’ rent. Along with being allowed to remove funds to cover back rent and water charges, as well as damage beyond wear and tear, landlords can keep at least some of the money for increased real estate taxes if that is outlined in the lease. All remaining amount due has to be refunded to the tenant within 30 days of vacating.
Security Deposit Laws in Michigan
Mich. Comp. Laws §§ 554.601 to 554.616 covers security deposit rules, including limiting the amount to one-and-one-half months’ rent. When a tenant vacates, a landlord has 30 days to refund the money minus any unpaid rent or utility bill charges, fees for lease breaches, and damage beyond wear and tear.
Security Deposit Laws in Minnesota
There are no limits regarding security deposit amounts in Minnesota. However, per Minn. Stat. Ann. §§ 504B.175, 504B.178, and 504B.195, tenants are owed interest.
Within three weeks of a tenant leaving, the landlord has to issue a refund. They can keep deposit money to cover late rent, cleaning costs, and damage beyond wear and tear.
Security Deposit Laws in Mississippi
Mississippi does not have any laws limiting the size of security deposits. Miss. Code Ann. § 89-8-21 does require landlords to provide refunds within 45 days of a tenant leaving, minus any money used to cover lease breaches, unpaid rent, or excess damage.
Security Deposit Laws in Missouri
Mo. Ann. Stat. § 535.300 limits security deposits to two months’ rent. A lease breach, unpaid rent, and damage over and above standard wear and tear can allow a landlord to keep all or some of the money. Otherwise, they must provide a refund within 30 days of the tenant vacating.
Security Deposit Laws in Montana
Mont. Code Ann. §§ 70-25-101 to 70-25-206 don’t limit the amount of security deposits. However, they do state that landlords can use the money to cover unpaid rent, damage beyond wear and tear, and lease breach fees. Otherwise, they have 10 to 30 days to refund the rest.
Security Deposit Laws in Nebraska
Neb. Rev. Stat. § 76-1416 limits security deposits to one months’ rent unless there is a pet involved. Lease breaches, unpaid rent, and excess damage can all be cause for the landlord to keep some or all of the deposit. The landlord has 14 days to return the deposit after the exiting tenant requests it and provides a valid forwarding address.
Security Deposit Laws in Nevada
Security deposits are limited to three months’ rent (with one month’s worth counting as “last month” rent) per Nev. Rev. Stat. Ann. §§ 118A.240 to 118A.250. The money can be used to cover past due rent, cleaning, and damage in excess of standard wear and tear. Any remaining funds must be returned to the tenant within 30 days of vacating.
Security Deposit Laws in New Hampshire
Security deposits limits vary depending on the number of units a landlord has. N.H. Rev. Stat. Ann. §§ 540-A:5 to 540-A:8 doesn’t limit landlords who have six or fewer units. However, for those with more than six units, security deposits can’t exceed one months’ rent.
Tenants can be owed interest on security deposits that are held for more than we months’. Additionally, refunds – minus any unpaid rent, real estate tax costs, and excess damage – have to be issued within 30 days.
Security Deposit Laws in New Jersey
N.J. Stat. Ann. §§ 46:8 covers details about security deposits. Landlords can’t charge more than one-and-one-half months’ rent. Additionally, after back rent and funds to cover damages have been recovered, landlords have no more than 30 days to issue a refund. If the tenant is forced out of the property due to flood, fire, evacuation, or condemnation, the landlord only has five days.
Security Deposit Laws in New Mexico
In accordance with N.M. Stat. Ann. § 47-8-18, security deposits must be “reasonable.” If the amount exceeds one months’ rent, tenants are owed interest.
Landlords have to refund the deposit within 30 days. However, they can use the funds to cover late rent, damage beyond wear and tear, and lease breach fees.
Security Deposit Laws in New York
N.Y. Gen. Oblig. Law §§ 7-103 to 7-108 covers many of the security deposit requirements in the state. If a unit isn’t subject to the Emergency Housing Rent Control Law or City Rent and Rehabilitation Law, security deposits are limited to one months’ rent. Additionally, landlords typically have 14 days to refund the deposit after handling approved costs, like addressing damage beyond wear and tear.
Security Deposit Laws in North Carolina
N.C. Gen. Stat. §§ 42-50 to 42-55 cover most security deposits rules in the state. If a tenant is week to week, security deposits can’t exceed two weeks rent. For month to month, the limit is one month. When a tenant has a longer lease, two months’ rent is the maximum. However, pet deposits don’t count toward the maximum and can be nonrefundable.
Landlords can use security deposits to cover past due rent, excess damage, and specific utility costs. Beyond that, landlords have 30 to 60 days to provide a refund.
Security Deposit Laws in North Dakota
N.D. Cent. Code § 47-16-07.1 discusses security deposits in the state. Security deposits can’t exceed one months’ rent. However, pet deposits can be up to an additional $1,500.
Tenants are owed interest on their security deposits. Additionally, after removing money for late rent, damage beyond wear and tear, and cleaning fees listed in the lease, landlords have 30 days to issue a refund for the remaining amount.
Security Deposit Laws in Ohio
There are no security deposit maximums in Ohio. However, per Ohio Rev. Code Ann. § 5321.16, security deposits can only be used to cover unpaid rent and excess damage. Otherwise, refunds are owed with 30 days.
Security Deposit Laws in Oklahoma
Okla. Stat. Ann. tit. 41, § 115 requires landlords to refund security deposits within 30 days, though it does allow landlords to keep deposit money to cover approved costs, including unpaid rent, lease breach fees, and damage above wear and tear. Otherwise, there are no limits to the size of the deposit.
Security Deposit Laws in Oregon
There are no limits regarding security deposit maximums in Oregon. However, Or. Rev. Stat. § 90.300 does require a refund – minus unpaid rent, lease breach fees, and damage beyond wear and tear – within 31 days of the tenant vacating.
Security Deposit Laws in Pennsylvania
Pa. Cons. Stat. Ann. §§ 250.511a to 250.512 sets the maximum security deposit at two months’ rent for a one year lease. If the money is held by the landlord for more than two years, interest is due to the tenant.
When it comes to refunds, after removing money to cover unpaid rent, lease breach fees, and excess damage, landlords have 30 days to return the money.
Security Deposit Laws in Rhode Island
Per R.I. Gen. Laws § 34-18-19, security deposits are limited to one months’ rent. Unpaid rent and damage over and above standard wear and tear can be covered with the month. Any remaining funds have to be given back to the tenant within 20 days of them vacating.
Security Deposit Laws in South Carolina
S.C. Code Ann. § 27-40-410 requires landlords to provide refunds within 30 days of a tenant vacating, though also allows the landlord to use the money for approved expenses, including addressing unpaid rent and excess damage. However, there are no security deposit maximums in the state’s laws.
Security Deposit Laws in South Dakota
Aside from special circumstances, S.D. Codified Laws Ann. §§ 43-32-24 limits security deposits to one months’ rent. Back due rent, damage, and other fees in the lease can be covered with the funds. Otherwise, the landlord must refund any remaining money within two weeks.
Security Deposit Laws in Tennessee
Tenn. Code Ann. § 66-28-301 does not limit security deposits. Additionally, it allows landlords to keep some or all of the money to cover any amounts owing as well as damage beyond wear and tear. When it comes to refunds, landlords have ten days after a tenant vacates.
Security Deposit Laws in Texas
Tex. Prop. Code Ann. §§ 92.101 to 92.109 does allow landlords to use security deposits to address lease breaches and damage. There are no maximums listed in any laws, though landlords are legally required to refund any remaining funds within 30 days of a tenant vacating.
Security Deposit Laws in Utah
Utah does not limit the size of security deposits. However, Utah Code Ann. §§ 57-17-1 to 57-17-5 does require refunds to be provided within 30 days of a tenant leaving, minus any funds used to cover past due rent, cleaning, lease breach fees, and excess damage.
Security Deposit Laws in Vermont
Vt. Stat. Ann. tit. 9, § 4461 doesn’t limit security deposits. However, it does require refunds to be issued by landlords within 14 days of a tenant vacating, minus money used to cover unpaid rent, damage beyond wear and tear, abandoned property removal from the unit, and utility nonpayment.
Security Deposit Laws in Virginia
Per Va. Code Ann. § 55.1-1226, security deposits can’t exceed two months’ rent. Additionally, if a tenant remains for more than 13 months’, they are legally owed interest.
Security deposit funds can be used to cover late rent, lease breaches, and excess damage. Otherwise, the remaining money must be returned within 45 days.
Security Deposit Laws in Washington
Wash. Rev. Code Ann. §§ 59.18.260 to 59.18.285 does require refunds to be issued within 14 days or a tenant vacating. However, there are no legal maximums. Additionally, landlords can use the funds for any purpose as long as they are agreed upon in the lease, and a condition checklist is completed properly.
Security Deposit Laws in West Virginia
W.Va. Code § 37-6A-1 et seq. defines many of the terms associated with security deposits and rental agreements. However, there are no state laws that set maximum security deposit amounts or govern when and how those funds should be returned.
Security Deposit Laws in Wisconsin
There is no maximum security deposit law in Wisconsin. However, there are certain rules, as outlined in Wis. Admin. Code ATCP 134.04 and 134.06, as well as Wis. Stat. § 704.28. Security deposits can be used to cover unpaid rent, removal of abandoned property, utility nonpayment, and damage beyond wear and tear. Otherwise, all remaining funds must be returned to the tenant within 21 days of them vacating the unit.
Security Deposit Laws in Wyoming
Wyo. Stat. §§ 1-21-1207 and 1-21-1208 do not limit the amount a landlord can charge as a security deposit. However, it does restrict the use of those funds to past due rent, cleaning fees, and damage above wear and tear, as well as other costs that were agreed upon in the lease.
For refunds, landlords have 30 days after the lease is terminated or 15 days after the tenant gives them a forwarding address. Utility deposits have to be returned within 10 to 45 days, depending on the exact situation.
