A security deposit for a rental protects the landlord against potential damages or, in some cases, unpaid rent. The return of security deposits, and deductions from security deposits, are the main sources of disputes between landlords and tenants.
Security deposit laws vary from state to state. Each jurisdiction has specific rules regarding security deposits, including maximum allowable amounts, proper handling of funds, and timelines for return. For example, in Alabama, landlords are limited to charging a security deposit equivalent to one month's rent. But this deposit doesn't include pet deposits, deposits to cover the costs of undoing a tenant's alterations, or deposits to cover tenant activities that pose increased liability risks. Colorado, on the other hand, doesn't limit how much landlords can charge for a security deposit.
The deadline to return a security deposit also differs from state to state. For instance, Alabama law requires landlords to return deposits within 60 days after the lease ends. Oregon landlords have 31 days after the tenant delivers possession to return the deposit and provide an accounting of any amount applied towards rent or damages.
Learn the laws covering security deposit disputes in selected states below.
Learn the laws covering security deposit disputes in selected states below.
Record the condition of the property to safeguard your security deposit.
Steps to take before and after you move out to ensure your landlord returns your security deposit.
State deadlines for itemizing and returning tenants' security deposits.
Landlords can't deduct the costs of repairing "ordinary wear and tear" from a security deposit. But what qualifies as ordinary wear and tear?
Negotiation and mediation can help you avoid the expense and hassle of a court dispute.
What to include in a demand letter when your landlord hasn't returned your security deposit.
State rules on security deposit uses and dollar limits
A state-by-state breakdown of each state's security deposit limits.
Learn about your state's laws.
Here’s an overview of the steps involved with filing a security deposit lawsuit in California.
This is the chart you need if you're trying to find your state's landlord-tenant laws.
Here are the statutes that govern a landlord’s collection and return of security deposits.
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At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.