Renter law reference
Security Deposit Rules by State
Your security deposit is protected by law — but only if you know the rules. This page covers deposit caps, return deadlines, what landlords can and can't deduct, and the penalties they face for breaking the law.
Check the deposit clause in my leaseSecurity deposit laws by state
Maximum deposit amounts, return deadlines, and the penalties landlords face for wrongful withholding. Verify with current state statute or a licensed attorney.
| State | Max deposit | Return deadline | Penalty for violations |
|---|---|---|---|
| California | 2× rent (unfurnished) / 3× (furnished) | 21 days | 2× wrongfully withheld amount |
| New York | 1 month (rent-stabilized) | 14 days (with itemization) | Forfeits right to any deductions |
| 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.
What landlords can and cannot deduct
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 limits deposits to 2 months' rent (unfurnished) or 3 months' (furnished). New York caps at 1 month's rent for rent-stabilized units. Pennsylvania allows 2 months in the first year, 1 month after that. Many states — including Texas, Florida, and Georgia — have no 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. Texas allows 30 days. Florida gives landlords 15 days if making no deductions, or 30 days if they are. Most states fall in the 14–45 day range. Missing the deadline can result in the landlord forfeiting their right to keep any portion of the deposit.
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?+
Most states impose significant penalties for late or wrongful withholding. In California, a landlord who wrongfully withholds a deposit is liable for twice the amount withheld. In Texas, you can sue for $100 plus three times the wrongfully withheld amount plus attorney's fees. In New York, the landlord forfeits the right to keep any of the deposit if they miss the deadline. Many states allow you to file in small claims court 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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