Renter law reference
Security Deposit Rules by State
Your security deposit is governed by state law, and the details vary by state. This page covers deposit caps, return deadlines, common deduction categories, and possible remedies when required steps are missed.
Check the deposit clause in my leaseSecurity deposit laws by state
Maximum deposit amounts, return deadlines, and possible remedies for wrongful withholding. Verify with current state statute or a licensed attorney.
| State | Max deposit | Return deadline | Possible remedy |
|---|---|---|---|
| California | Generally 1 month for most landlords after July 1, 2024 | 21 days | Up to 2× amount retained in bad faith |
| New York | Generally 1 month for residential units | 14 days (with itemization) | May forfeit right to retain deposit amounts |
| Maryland | Generally 1 month for deposits paid on/after Oct. 1, 2024 | 45 days | May owe withheld amount plus statutory damages |
| Texas | No statutory cap | 30 days | $100 + 3× amount + attorney fees |
| Florida | No statutory cap | 15 days (no deductions) / 30 days (with deductions) | Forfeits right to any deductions |
| Illinois | No cap (Chicago: 1.5 months) | 30 days | 2× deposit + attorney fees (Chicago) |
| Pennsylvania | 2× rent (yr 1) / 1× rent (yr 2+) | 30 days | 2× amount wrongfully withheld |
| Ohio | No statutory cap | 30 days | 2× amount + attorney fees |
| North Carolina | 2× rent (monthly) / 1.5× (weekly) | 30 days (no deduc.) / 60 days (deduc.) | Forfeits right to any deductions |
| Georgia | No statutory cap | 30 days | 3× amount + attorney fees |
| Michigan | 1.5× monthly rent | 30 days | 2× amount wrongfully withheld |
| Washington | No statutory cap | 30 days | 2× amount + court costs |
| Oregon | No statutory cap | 31 days | 2× amount + attorney fees |
| Nevada | 3× monthly rent | 30 days | 2× amount wrongfully withheld |
| Arizona | 1.5× monthly rent | 14 days (itemization) / 30 days (full return) | 2× amount wrongfully withheld |
| Colorado | No statutory cap | 30 days | 3× amount + attorney fees |
Informational only. Laws change — confirm with your state's current landlord-tenant statute.
Common deposit deduction categories
Cannot deduct
- Normal wear and tear (scuffs, faded paint, worn carpet)
- Pre-existing damage you documented at move-in
- Repairs that were your landlord's responsibility
- Ordinary cleaning between tenants
- Items not listed in the lease as deductible
Can deduct
- Unpaid rent or lease break fees
- Damage beyond normal wear and tear
- Large holes in walls, burns, broken fixtures
- Excessive cleaning costs if unit was left filthy
- Costs explicitly authorized in your signed lease
Frequently asked questions
How much can a landlord charge for a security deposit?+
It depends on your state. California generally limits residential security deposits to 1 month's rent for most landlords after July 1, 2024. New York generally caps residential deposits at 1 month's rent. Maryland's general cap changed to 1 month's rent for deposits paid on or after October 1, 2024, subject to exceptions. Pennsylvania allows 2 months in the first year and 1 month after that. Many states, including Texas, Florida, and Georgia, have no statewide statutory cap.
How long does a landlord have to return my security deposit?+
Return deadlines vary by state. California requires 21 days. New York requires 14 days with an itemized statement in many residential tenancies. Texas allows 30 days. Florida gives landlords 15 days if making no deductions, or 30 days to send a claim notice if they are. Most states fall in the 14-45 day range. Missing the deadline can trigger penalties or limit deductions, depending on the statute and facts.
What can a landlord legally deduct from my security deposit?+
Landlords can generally deduct for: unpaid rent, damage beyond normal wear and tear, cleaning costs if you left the unit significantly dirtier than you received it, and other costs specified in your lease. They cannot deduct for normal wear and tear — things like minor scuffs, faded paint, or worn carpet from ordinary use.
What is 'normal wear and tear'?+
Normal wear and tear refers to the natural deterioration of a property from ordinary everyday use. Examples include: small nail holes from hanging pictures, minor scuffs on walls, carpet worn thin from walking, faded paint, and loose door hinges. Landlords cannot charge you for these. They can charge for large holes in walls, burns in carpet, broken fixtures, or stains that result from misuse or neglect.
What happens if my landlord doesn't return the deposit on time?+
Many states impose penalties for late or wrongful withholding, but the remedy depends on the statute and facts. California may allow statutory damages for bad-faith retention. Texas provides remedies for bad-faith retention. New York can limit a landlord's ability to retain deposit funds after missed itemization deadlines in covered tenancies. Many states allow small-claims actions without an attorney.
Does your lease follow your state's deposit rules?
LeaseGuard checks your security deposit clause against your state's cap, return deadline requirements, and deduction rules — and generates a negotiation letter if anything is off.
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