State Laws on Security Deposit Limits

More than half of the states put a limit on how much landlords can charge for a security deposit.

By , Attorney

Most states set a limit on the amount of security deposit landlords can charge. If your state has a "no statutory limit" entry, it means that the state does not cap the amount landlords can charge. State laws are often quite specific as to deadlines for returning security deposits. To read the text of the laws themselves, search online for "[your state]'s statutes." Many state legislatures have the entire text of statutes on their homepage. Cornell Law School's Legal Information Institute also maintains a state law resources page that contains the text of most states' statutes. Be sure to review the most recent versions, as statutes change often. Also, be sure to check state and local rent control or rent regulation rules for deposit limits.

State Laws on Security Deposit Limits

AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming

Alabama

Ala. Code § 35-9A-201

1 month's rent, except for pet deposits, deposits to cover undoing tenant's alterations, and deposits to cover tenant activities that pose increased liability risks.

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Alaska

Alaska Stat. § 34.03.070

2 months' rent, unless rent exceeds $2,000 per month. Landlord may ask for an additional month's rent as deposit for a pet that is not s service animal, but may use it only to remedy pet damage.

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Arizona

Ariz. Rev. Stat. § 33-1321

1.5 months' rent

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Arkansas

Ark. Code §§ 18-16-301 to 18-16-305

2 months' rent, but this limit doesn't apply to landlords who own 5 or fewer properties, unless the landlord has hired a third party to manage the property.

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California

Cal. Civ. Code § 1940.5(g)

Until July 1, 2024: Two months' rent (unfurnished); three months' rent (furnished). If the tenant is an active service member, no more than one month's rent (unfurnished) or two months' rent (furnished). Add extra one-half month's rent for waterbed.

On and after July 1, 2024: If the landlord is an individual or an LLC whose members are all individuals AND the landlord owns no more than two residential properties that collectively include no more than four dwelling units for rent, the landlord can collect a maximum of two months' rent. All other landlords can collect a maximum of one month's rent. However, all landlords can collect only one month's rent from active service members. Add extra one-half month's rent for waterbed.

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Colorado

Colo. Rev. Stat. §§ 38-12-102 to 38-12-106

2 months' rent. In addition to the security deposit, a landlord may impose a refundable deposit of up to $300 for a pet (any animal kept as a household pet, except livestock or working animals on a ranch or farm). As an alternative to the pet deposit, a landlord can charge an additional 1.5% more rent or $35/month, whichever is greater.

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Connecticut

Conn. Gen. Stat. § 47a-21

2 months' rent (tenant under 62 years of age); 1 month's rent (tenant 60 years of age or older). Tenants who paid a deposit in excess of 1 month's rent, who then turn 62 years old, are entitled, upon request, to a refund of the amount that exceeds 1 month's rent.

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Delaware

Del. Code tit. 25, § 5311

1 month's rent on leases for 1 year or more. For month-to-month tenancies, no limit for the first year, but after that, the limit is 1 month's rent (at the expiration of 1 year, landlord must give tenant a credit for any deposit held by the landlord that exceeds 1 month's rent). No limit for furnished units. Tenant may offer to supply a surety bond in lieu of or in conjunction with a deposit, which landlord may elect to receive.

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District of Columbia

D.C. Code § 42-3502.17; D.C. Mun. Regs. tit. 14, §§ 308 to 311

1 month's rent

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Florida

Fla. Stat. §§ 83.43(13), 83.49, 83.491

No statutory limit. Landlords may offer to let tenants pay a nonrefundable, recurring fee in place of a security deposit. Landlords must give fee-paying tenants a written disclosure that includes, among other provisions, that they can discontinue at any time and pay a security deposit instead; and that the tenant's default in paying the fee will not be reported to a credit reporting agency.

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Georgia

No statutory limit

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Hawaii

Haw. Rev. Stat. § 521-44

1 month's rent

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Idaho

No statutory limit

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Illinois

No statutory limit

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Indiana

No statutory limit

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Iowa

Iowa Code § 562A.12

2 months' rent

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Kansas

Kan. Stat. §§ 58-2548, 58-2550

1 month's rent (unfurnished); 1.5 months' rent (furnished); for pets, add an extra one-half month's rent.

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Kentucky

No statutory limit

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Louisiana

No statutory limit

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Maine

Me. Rev. Stat. tit. 14, §§ 6022, 6031 to 6038

2 months' rent

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Maryland

Md. Code Real Prop., §§ 8-203, 8-203.1, 8-208

2 months' rent

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Massachusetts

Mass. Gen. Laws ch. 186, § 15B

1 month's rent

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Michigan

Mich. Comp. Laws §§ 554.602 to 554.616

1.5 months' rent

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Minnesota

No statutory limit

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Mississippi

No statutory limit

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Missouri

Mo. Rev. Stat § 535.300

2 months' rent

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Montana

No statutory limit

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Nebraska

Neb. Rev. Stat. § 76-1416

1 month's rent (no pets); 1.25 months' rent (with pets)

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Nevada

Nev. Rev. Stat. §§ 118A.240 to 118A.250

3 months' rent; if both landlord and tenant agree, tenant may use a surety bond for all or part of the deposit.

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New Hampshire

N.H. Rev. Stat. §§ 540-A:5 to 540-A:8, 540-B-10

1 month's rent or $100, whichever is greater; when landlord and tenant share facilities, no statutory limit.

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New Jersey

N.J. Stat. §§ 46:8-19 to 46:8-26

1.5 months' rent.

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New Mexico

N.M. Stat. § 47-8-18

1 month's rent (for rental agreement of less than one year); no limit for leases of 1 year or longer.

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New York

N.Y. Gen. Oblig. Law §§ 7-103 to 7-108

1 month's rent for units other than those subject to the City Rent and Rehabilitation Law or the Emergency Housing Rent Control Law.

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North Carolina

N.C. Gen Stat. §§ 42-50 to 42-56

1.5 months' rent for month-to-month rental agreements; 2 months' rent if the term is longer than 2 months; landlords may also charge a reasonable, nonrefundable pet deposit.

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North Dakota

N.D. Cent. Code § 47-16-07.1

1 month's rent. If tenant has a pet, an additional pet deposit of up to $2,500 or 2 months' rent, whichever is greater. To encourage renting to people with records of felony convictions, landlords may charge these applicants up to 2 months' rent as security. Applicants who have had court judgments entered against them "for violating the terms of a previous rental agreement" can also be charged up to 2 months' rent (this appears to refer to prior evictions and might not apply to evictions based on conduct not prohibited by the rental agreement).

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Ohio

No statutory limit

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Oklahoma

No statutory limit

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Oregon

No statutory limit

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Pennsylvania

68 Pa. Cons. Stat. §§ 250.511a to 250.512

2 months' rent for first year; 1 month's rent during second and subsequent years of the tenancy.

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Rhode Island

R.I. Gen. Laws § 34-18-19

1 month's rent (unfurnished); if furnished, separate furniture security deposit up to 1 month's rent if furnishings' replacement value at the start of the tenancy is $5,000 or more.

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South Carolina

No statutory limit

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South Dakota

S.D. Codified Laws §§ 43.32-6.1, 43-32-24

1 month's rent (higher deposit may be charged if special conditions pose a danger to maintenance of the premises).

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Tennessee

No statutory limit

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Texas

No statutory limit

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Utah

No statutory limit

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Vermont

No statutory limit

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Virginia

Va. Code §§ 55.1-1204, 55.1-1206, 55.1-1208, 55.1-1226, 55.1-1234.1

2 months' rent. Alternatively, landlord may permit a tenant to provide damage insurance coverage in an amount not more than 2 months' rent in lieu of the payment of a security deposit. The damage insurance coverage must meet the requirements listed in Virginia Code sections 55.1-1226(I)-(K).

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Washington

Wash. Rev. Code §§ 59.18.260 to 59.18.285, 59.18.610, 59.18.670

Landlords must allow tenants to pay the deposit and fees in installments (does not apply if the deposit and any nonrefundable fees are less than 25% of the monthly rent, or the landlord has not demanded the last month's rent). Tenants with tenancies of 3 months or more may pay in 3 equal and consecutive installments, beginning at the start of the tenancy; 2 installments for shorter tenancies. Installment schedules must be written and signed. Doesn't apply to holding deposits (which may not be more than 25% of the first month's rent).

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West Virginia

No statutory limit

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Wisconsin

No statutory limit

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Wyoming

No statutory limit

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Updated: December 18, 2023

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