Comprehensive Guide to Security Deposit Laws in All 50 States
When renting out a property, understanding the security deposit laws for each state is crucial to avoid legal disputes and ensure compliance. Each state in the U.S. has its own rules regarding how much landlords can charge, how long they have to return the deposit, and other important regulations. In this article, we will break down the key security deposit laws for all 50 states to help landlords and property managers manage their rental properties with confidence.
What is a Security Deposit?
A security deposit is a sum of money that a tenant provides to a landlord at the beginning of a lease. It serves as a financial safeguard for the landlord in case the tenant causes damage to the property or fails to pay rent. Once the tenant moves out, the landlord must return the security deposit, minus any allowable deductions for damages or unpaid rent.
Understanding Security Deposit Laws
Security deposit laws vary by state, but they generally cover the following areas:
- Maximum Security Deposit: The maximum amount a landlord can charge, often based on rent.
- Return Timeline: The number of days within which the landlord must return the deposit after the tenant vacates.
- Deductions: Specific reasons a landlord can deduct from the deposit (e.g., damage, unpaid rent).
- State Law: Each state has specific statutes outlining these rules, which landlords must follow.
State Security Deposit Law Table
Below is a state-by-state breakdown of security deposit laws for all 50 states:
| State | Max Deposit | Return Timeline | Other Key Rules | State Law |
|---|---|---|---|---|
| Alabama | 1 month's rent (can charge extra for special risks) | 60 days | No specific interest requirement for holding deposits | Alabama Code § 35-9A-201 |
| Alaska | 2 months’ rent if rent is under $2,000, otherwise no cap | 14 days if no deductions, 30 days with deductions | Landlord must provide written notice of deductions | Alaska Statutes § 34.03.070 |
| Arizona | 1.5 months' rent | 14 days | Landlord must provide an itemized list of deductions | Arizona Revised Statutes § 33-1321 |
| Arkansas | 2 months' rent | 60 days | Landlord not required to pay interest on deposit | Arkansas Code § 18-16-305 |
| California | 2 months’ rent for unfurnished, 3 months’ rent for furnished | 21 days | Landlord must provide an itemized list and receipts for deductions over $125 | California Civil Code § 1950.5 |
| Colorado | No limit | 30 days (up to 60 days if specified in lease) | Landlord must provide written explanation for deductions | Colorado Revised Statutes § 38-12-103 |
| Connecticut | 2 months’ rent (1 month for tenants aged 62+) | 30 days | Landlord must pay interest on deposits | Connecticut General Statutes § 47a-21 |
| Delaware | 1 month’s rent for leases under 1 year, no limit for longer leases | 20 days | Landlord must pay interest if holding deposit for more than 1 year | Delaware Code Title 25 § 5514 |
| Florida | No limit | 15 days if no deductions, 30 days with deductions | Landlord must notify tenant within 30 days if planning to make deductions | Florida Statutes § 83.49 |
| Georgia | No limit | 30 days | Landlord must provide an itemized list of deductions | Georgia Code § 44-7-34 |
| Hawaii | 1 month’s rent | 14 days | Landlord must provide an itemized list of deductions | Hawaii Revised Statutes § 521-44 |
| Idaho | No limit | 21 days | Landlord must provide an itemized list of deductions | Idaho Code § 6-321 |
| Illinois | No limit | 30 days if deductions, 45 days if no deductions | Landlords of buildings with 5+ units must pay interest on security deposits | Illinois Security Deposit Return Act |
| Indiana | No limit | 45 days | Landlord must provide an itemized list of deductions | Indiana Code § 32-31-3-12 |
| Iowa | 2 months’ rent | 30 days | Landlord must pay interest if holding deposit for more than 5 years | Iowa Code § 562A.12 |
| Kansas | 1 month’s rent (1.5 months for furnished units) | 30 days | Landlord must provide written notice of deductions | Kansas Statutes § 58-2550 |
| Kentucky | No limit | 30-60 days (depending on lease agreement) | Landlord must provide an itemized list of deductions | Kentucky Revised Statutes § 383.580 |
| Louisiana | No limit | 30 days | Landlord not required to pay interest on deposits | Louisiana Revised Statutes § 9:3251 |
| Maine | 2 months’ rent | 30 days | Landlord must provide an itemized list of deductions and pay interest after 1 year | Maine Revised Statutes Title 14 § 6033 |
| Maryland | 2 months’ rent | 45 days | Landlord must pay interest and provide an itemized list of deductions | Maryland Code § 8-203 |
| Massachusetts | 1 month’s rent | 30 days | Landlord must pay interest and provide receipts for repairs | Massachusetts General Laws Chapter 186 § 15B |
| Michigan | 1.5 months’ rent | 30 days | Landlord must provide written list of damages within 30 days | Michigan Compiled Laws § 554.601 |
| Minnesota | No limit | 21 days | Landlord must provide a written list of deductions | Minnesota Statutes § 504B.178 |
| Mississippi | 1 month's rent | 30 days | Landlord must provide an itemized list of deductions | Mississippi Code § 89-8-21 |
| Missouri | No limit | 30 days | Landlord must provide an itemized list of deductions | Missouri Revised Statutes § 535.300 |
| Montana | No limit | 10 days if no deductions, 30 days with deductions | Landlord must provide an itemized list of deductions | Montana Code § 70-25-202 |
| Nebraska | No limit | 14 days | Landlord must provide an itemized list of deductions | Nebraska Revised Statutes § 76-1413 |
| Nevada | 3 months’ rent | 30 days | Landlord must provide an itemized list of deductions | Nevada Revised Statutes § 118A.242 |
| New Hampshire | 1 month's rent | 30 days | Landlord must provide an itemized list of deductions | New Hampshire RSA 540-A:6 |
| New Jersey | 1.5 months' rent | 30 days | Landlord must provide an itemized list of deductions | New Jersey Statutes § 46:8-21.1 |
| New Mexico | 1.5 months' rent | 30 days | Landlord must provide an itemized list of deductions | New Mexico Statutes § 47-8-18 |
| New York | 1 month's rent (plus 1 month last month rent for rent stabilized units) | 14 days | Landlord must provide itemized deductions, pay interest if held > 1 year | New York Real Property Law § 7-103 |
| North Carolina | 2 months' rent | 30 days | Landlord must provide an itemized list of deductions | North Carolina General Statutes § 42-52 |
| North Dakota | 1.5 months' rent | 30 days | Landlord must provide an itemized list of deductions | North Dakota Century Code § 47-16-15 |
| Ohio | 1 month's rent | 30 days | Landlord must provide written itemization and return deposit | Ohio Revised Code § 5321.16 |
| Oklahoma | 1.5 months' rent | 45 days | Landlord must provide an itemized list of deductions | Oklahoma Statutes § 41-115 |
| Oregon | 1.5 months' rent | 31 days | Landlord must provide written notice of deductions | Oregon Revised Statutes § 90.300 |
| Pennsylvania | 2 months' rent | 30 days | Landlord must provide an itemized list of deductions | Pennsylvania Landlord and Tenant Act § 250.512a |
| Rhode Island | 1 month's rent | 20 days | Landlord must provide an itemized list of deductions | Rhode Island General Laws § 34-18-33 |
| South Carolina | No limit | 30 days | Landlord must provide an itemized list of deductions | South Carolina Code § 27-40-440 |
| South Dakota | No limit | 14 days | Landlord must provide an itemized list of deductions | South Dakota Codified Laws § 43-32-21 |
| Tennessee | 1.5 months' rent | 30 days | Landlord must provide an itemized list of deductions | Tennessee Code § 66-28-301 |
| Texas | No limit | 30 days | Landlord must provide written notice of deductions | Texas Property Code § 92.103 |
| Utah | 1.5 months' rent | 30 days | Landlord must provide an itemized list of deductions | Utah Code § 57-17-3 |
| Vermont | 1.5 months' rent | 14 days | Landlord must provide an itemized list of deductions | Vermont Statutes Title 9 § 4459 |
| Virginia | 2 months' rent | 45 days | Landlord must provide an itemized list of deductions | Virginia Code § 55.1-1226 |
| Washington | 1 month's rent | 21 days | Landlord must provide an itemized list of deductions | Washington Revised Code § 59.18.260 |
| West Virginia | 2 months' rent | 30 days | Landlord must provide an itemized list of deductions | West Virginia Code § 37-6-22 |
| Wisconsin | No limit | 21 days | Landlord must provide an itemized list of deductions | Wisconsin Statutes § 704.28 |
| Wyoming | 1.5 months' rent | 30 days | Landlord must provide an itemized list of deductions | Wyoming Statutes § 1-21-120 |
This table offers a general overview of security deposit laws across the country, but it's important to check the exact statutes for your state, as local ordinances may apply. For full legal guidance, always refer to the state law links provided or consult with a legal professional.
Conclusion
As a landlord or property manager, being knowledgeable about security deposit regulations in your state is crucial to avoiding disputes and ensuring compliance with the law. Make sure to familiarize yourself with the specific laws governing security deposits in your area, and always provide clear documentation and timely responses to tenants regarding their deposits.
For further information on your state’s specific laws, consult the links provided in the table or reach out to a legal professional specializing in landlord-tenant law.
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