Security Deposit Collection Laws by State

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1 Ala. Code § 35-9A-201(a)

A landlord may not demand or receive money as security, in an amount in excess of one month’s periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises, for tenant’s obligations under a rental agreement.

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2 Alaska Stat. § 34.03.070(a)

Except as provided in (h) of this section, a landlord may not demand or receive prepaid rent or a security deposit, however denominated, in an amount or value in excess of two months’ periodic rent. This section does not apply to rental units where the rent exceeds $2,000 a month.

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3 Ariz. Rev. Stat. § 33-1321(A)

A landlord shall not demand or receive security, however denominated, including prepaid rent in an amount or value of more than one and one-half month’s rent. This subsection does not prohibit a tenant from voluntarily paying more than one and one-half month’s rent in advance.

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4 Ariz. Rev. Stat. § 33-1431(A)

A landlord shall not demand or receive as security, however denominated, prepaid rent in an amount or value in excess of two months’ rent. This subsection does not prohibit a tenant from voluntarily paying more than two months’ rent in advance.

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5 Ark. Code § 18-16-304

A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two (2) months periodic rent.

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6 Ark. Code § 18-16-303

(a)  This subchapter shall not apply to dwelling units owned by an individual, if the individual, his or her spouse and minor children, and any and all partnerships, corporations, or other legal entities formed for the purpose of renting dwelling units and of which they are officers, owners, or majority shareholders own, or collectively own, five (5) or fewer dwelling units.

(b) This exemption does not apply to units for which management, including rent collection, is performed by third persons for a fee.

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7 Ca. Civ. Code § 1950.5(c)(1)

…a landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy.

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8 Ca. Civ. Code § 1940.5(g)

[When renting to a tenant with a waterbed,] an owner or owner’s agent is entitled to increase the security deposit on the dwelling unit in an amount equal to one-half of one months’ rent. The owner or owner’s agent may charge a tenant, lessee, or sublessee a reasonable fee to cover administration costs.

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9 Ca. Civ. Code § 798.39(a)

The management [of a mobile home rental] may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months’ rent that is charged at the inception of the occupancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following the initial occupancy.

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10 Ca. Civ. Code § 1950.5(c)(4)(A)

Notwithstanding paragraph (1), a landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to two months’ rent, in addition to any rent for the first month paid on or before initial occupancy if the landlord meets both of the following requirements:

(i) The landlord is a natural person or a limited liability company in which all members are natural persons.

(ii) The landlord owns no more than two residential rental properties that collectively include no more than four dwelling units offered for rent.

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11 Colo. Rev. Stat. § 38-12-102.5

On and after August 7, 2023, a landlord shall not require a tenant to submit a security deposit in an amount that exceeds the amount of two monthly rent payments under the rental agreement.

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12 Colo. Rev. Stat. § 38-12-207

(1) The owner of a mobile home park or the owner’s agents may charge a security deposit in an amount not greater than one month’s rent.

(2) Legal process, other than eviction, shall be used for the collection of utility charges and incidental service charges other than those provided by the rental agreement.

(3) A security deposit remains the property of the home owner, and a landlord shall deposit each security deposit into a separate trust account to be administered by the landlord as a private trustee. For the purpose of preserving the corpus, the landlord shall not commingle the trust funds with other money; however, the landlord may keep the interest and profits earned from the corpus as compensation for administering the trust account.

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13 Colo. Rev. Stat. § 38-12-106(1)

A landlord shall not demand or receive an additional security deposit of more than three hundred dollars from a prospective or current tenant as a condition of permitting the tenant’s pet animal to reside at the residential premises with the tenant, and the security deposit must be refundable to the tenant.

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14 Conn. Gen. Stat. § 47a-21(b)

(1) In the case of a tenant under sixty-two years of age, a landlord shall not demand a security deposit in an amount that exceeds two months’ rent.

(2) In the case of a tenant sixty-two years of age or older, a landlord shall not demand a security deposit in an amount that exceeds one month’s rent. Any landlord who has received a security deposit in an amount that exceeds one month’s rent from a tenant who becomes sixty-two years of age after paying such security deposit shall return the portion of such security deposit that exceeds one month’s rent to the tenant upon the tenant’s request.

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15 Conn. Gen. Stat. § 47a-21(a)(11)

“Security deposit” means any advance rental payment, or any installment payment collected pursuant to section 47a-22a, except an advance payment for the first month’s rent or a deposit for a key or any special equipment.

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16 Del. Code tit. 25 § 5514(a)

(1) A landlord may require the payment of security deposit.

(2) No landlord may require a security deposit in excess of 1 month’s rent where the rental agreement is for 1 year or more.

(3) No landlord may require a security deposit in excess of 1 month’s rent (with the exception of federally-assisted housing regulations), for primary residential tenancies of undefined terms or month to month where the tenancy has lasted 1 year or more. After the expiration of 1 year, the landlord shall immediately return, as a credit to the tenant, any security deposit amount in excess of 1 month’s rent, including such amount which when combined with the amount of any surety bond is in excess of 1 month’s rent.

(4) The security deposit limits set forth above shall not apply to furnished rental units.

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17 Ga. Code § 44-7-30.1

No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months’ rent.

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18 Haw. Rev. Stat. § 521-44(b)

The landlord may require, as a condition of a rental agreement, a security deposit to be paid by or for the tenant for the items in subsection (a) and no others in an amount not in excess of a sum equal to one month’s rent, plus an amount agreed upon by the landlord and tenant to compensate the landlord for any damages caused by any pet animal allowed to reside in the premises pursuant to the rental agreement; provided that the additional security deposit amount for a pet animal under this subsection:

(1) Shall not be required:

(A) From any tenant who does not have a pet animal that resides in the premises; or

(B) For an assistance animal that is a reasonable accommodation for a tenant with a disability pursuant to section 515-3; and

(2) Shall be in an amount not in excess of a sum equal to one month’s rent.The landlord may not require or receive from or on behalf of a tenant at the beginning of a rental agreement any money other than the money for the first month’s rent and a security deposit as provided in this section. No part of the security deposit shall be construed as payment of the last month’s rent by the tenant, unless mutually agreed upon, in writing, by the landlord and tenant if the tenant gives forty-five days’ notice of vacating the premises; in entering such agreement, the landlord shall not be deemed to have waived the right to pursue legal remedies against the tenant for any damages the tenant causes. Any such security deposit shall be held by the landlord for the tenant and the claim of the tenant to the security deposit shall be prior to the claim of any creditor of the landlord, including a trustee in bankruptcy, even if the security deposits are commingled.

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19 765 ILCS 745/12

No lease hereafter executed or currently existing between a park owner and tenant in a mobile home park or manufactured home community in this State shall contain any provision:(a) Permitting the park owner to charge a penalty fee for late payment of rent without allowing a tenant a minimum of 5 days beyond the date the rent is due in which to remit such payment;(b) Permitting the park owner to charge an amount in excess of one month’s rent as a security deposit;(c) Requiring the tenant to pay any fees not specified in the lease;(d) Permitting the park owner to transfer, or move, a mobile home to a different lot, including a different lot in the same mobile home park or manufactured home community, during the term of the lease;(e) Waiving the homeowner’s right to a trial by jury. If one provision of a lease is invalid, that does not affect the validity of the remaining provisions of the lease.

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20 Iowa Code § 562A.12(1)

A landlord shall not demand or receive as a security deposit an amount or value in excess of two months’ rent.

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21 Kan. Stat. § 58-2550(a)

A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month’s periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed 1 1/2 months’ rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed 1/2 of one month’s rent. A municipal housing authority created under the provisions of K.S.A. 17-2337 et seq., and amendments thereto, which is wholly or partially subsidized by aid from the federal government, pursuant to a rental agreement in which rent is determined solely by the personal income of the tenant, may demand and receive a security deposit in accordance with a schedule established by the housing authority, which is based on the bedroom unit size of the dwelling unit. Any such municipal housing authority which establishes such a schedule shall provide a deferred payment plan whereby the tenant may pay the deposit in reasonable increments over a period of time.

22 Kan. Stat. § 58-25,108(a)

[For a mobile home,] a landlord shall not demand or receive as a security deposit an amount or value in excess of two months’ rent.

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23 Me. Stat. tit. 14 § 6032

A lease or tenancy at will agreement for a dwelling intended for human habitation may not require a security deposit equivalent to more than the rent for 2 months.

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24 Me. Stat. tit. 10 § 9098(1)

No lessor of a mobile home park lot may require a security deposit greater than 3 months’ rent.

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25 Md. Code, Real. Prop. § 8-203

(1) Except as provided in paragraph (2) of this subsection, a landlord may not impose a security deposit in excess of the equivalent of 1 month’s rent per dwelling unit, regardless of the number of tenants.

(2) A landlord may impose a security deposit in an amount equivalent to up to 2 months’ rent if:

(i) The tenant is eligible and has qualified for utility assistance through the Department of Human Services;

(ii) The lease agreement requires that the tenant make payments for utility services directly to the landlord; and

(iii) The tenant and landlord agree in writing to the amount of the security deposit.

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26 Mass. Gen. Laws ch. 186 § 15B(1)(b)

At or prior to the commencement of any tenancy, no lessor may require a tenant or prospective tenant to pay any amount in excess of the following:

(i) rent for the first full month of occupancy; and,

(ii) rent for the last full month of occupancy calculated at the same rate as the first month; and,

(iii) a security deposit equal to the first month’s rent provided that such security deposit is deposited as required by subsection (3) and that the tenant is given the statement of condition as required by subsection (2) provided, however, that the executive office of housing and livable communities may promulgate regulations to authorize a lessor and a tenant or prospective tenant to agree to the payment of a fee in lieu of payment of a security deposit; provided further, that any such regulations shall:

(A) require the lessor to utilize a fee collected to waive a security deposit to cover for unpaid rent or unit damage that applies to the tenant’s lease;

(B) require that a fee so collected be:

(I) entirely or partially non-refundable; provided, however, that the lessor shall disclose that the fee is non-refundable in the lease; provided further, that the tenant shall agree to the fee and acknowledge that the tenant understand that it is entirely or partially non-refundable, as the case may be, in writing; and

(II) a recurring monthly fee, or payable upon any schedule and in an amount that the lessor and tenant agree upon, as authorized by the executive office;

(C) limit the total sum of the fee or recurring payments, regardless of the duration of the lease and any extensions thereto, to an amount not to exceed 1 month’s rent;

(D) require that the fee be made optional for both the tenant and the lessor and that the tenant be permitted to choose to pay a full security deposit rather than the fee;

(E) require a lessor who offers such a fee in lieu of security deposit:

(I) to offer the option of a fee in lieu of a security deposit to every prospective tenant whose application for occupancy has been approved, regardless of income, race, gender, gender identity, disability, sexual orientation, immigration status, size of household or credit score; and

(II) not to consider such factors and categories when setting the amount of the fee; and

(F) allow a tenant who agrees to pay a fee to waive a security deposit to opt-out of the obligation to pay such fee if such tenant pays the security deposit that would otherwise be in effect for the tenant’s apartment on the day the tenant chooses to opt-out of such fee; provided further, that the sum of fees paid to waive a security deposit and the payment of the security deposit shall not exceed, in total, the amount of 1 month’s rent; and provided further, that the executive office shall consult with the office of the attorney general prior to promulgating regulations authorizing a fee in lieu of a security deposit under this section; and

(iv) the purchase and installation cost for a key and lock.

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27 Mich. Comp. Laws § 554.602

A landlord may require a security deposit for each rental unit. A security deposit shall be required and maintained in accordance with the terms of this act and shall not exceed 1 1/2 months’ rent.

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28 Mo. Rev. Stat. § 535.300(1) & (2)

1. A landlord may not demand or receive a security deposit in excess of two months’ rent.

2. All security deposits shall be held by the landlord for the tenant, who is a party to the rental agreement, in a bank, credit union, or depository institution which is insured by an agency of the federal government. Any interest earned on a security deposit shall be the property of the landlord. A housing authority created under section 99.040 or any other government entity acting as a landlord shall not be subject to this subsection.

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29 Neb. Rev. Stat. § 76-1416(1)

A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month’s periodic rent, except that a pet deposit not in excess of one-fourth of one month’s periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act.

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30 Nev. Rev. Stat. § 118A.242(1) - (3)

1. The landlord may not demand or receive a security deposit or a surety bond, or a combination thereof, including the last month’s rent, whose total amount or value exceeds 3 months’ periodic rent.

2. In lieu of paying all or part of the security deposit required by the landlord, a tenant may, if the landlord consents, purchase a surety bond to secure the tenant’s obligation to the landlord under the rental agreement to:

(a) Remedy any default of the tenant in the payment of rent.

(b) Repair damages to the premises other than normal wear and tear.

(c) Clean the dwelling unit.

3. The landlord:

(a) Is not required to accept a surety bond purchased by the tenant in lieu of paying all or part of the security deposit; and

(b) May not require a tenant to purchase a surety bond in lieu of paying all or part of the security deposit.

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31 N.H. Rev. Stat. § 540-A:6(I)(a)

A landlord shall not demand or receive any security deposit in an amount or value in excess of one month’s rent or $100, whichever is greater. Nothing in this section shall prohibit a landlord from entering into a written lease that requires the quarterly or less frequent payment of rent; provided, however, that the security deposit received in addition to the initial rent payment may not exceed the equivalent of one month’s rent.

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32 N.H. Rev. Stat. § 540-A:5(I)

“Landlord” means a person and his or its employees, officers or agents who rents or leases to another person a rental unit, including space in a manufactured housing park as regulated by RSA 205-A and in manufactured housing, for other than vacation or recreational purposes. A person who rents or leases a single-family residence and owns no other rental property or who rents or leases rental units in an owner-occupied building of 5 units or less shall not be considered a “landlord” for the purposes of this subdivision, except for any individual unit in such building which is occupied by a person or persons 60 years of age or older.

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33 N.J. Stat. § 46:8-21.2

An owner or lessee may not require more than a sum equal to 1 1/2 times 1 month’s rental according to the terms of contract, lease, or agreement as a security for the use or rental of real property used for dwelling purposes. Whenever an owner or lessee collects from a tenant an additional amount of security deposit, the amount collected annually as additional security shall not be greater than 10 percent of the current security deposit.

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34 N.M. Stat. § 47-8-18(A) & (B)

A. An owner is permitted to demand from the resident a reasonable deposit to be applied by the owner to recover damages, if any, caused to the premises by the resident during his term of residency.

(1) Under the terms of an annual rental agreement, if the owner demands or receives of the resident such a deposit in an amount greater than one month’s rent, the owner shall be required to pay to the resident annually an interest equal to the passbook interest permitted to savings and loan associations in this state by the federal home loan bank board on such deposit.

(2) Under the terms of a rental agreement of a duration less than one year, an owner shall not demand or receive from the resident such a deposit in an amount in excess of one month’s rent.

B. It is not the intention of this section to include the last month’s prepaid rent, which may be required by the rental agreement as a deposit as defined in Subsection D [E] of Section 47-8-3 NMSA 1978. Any deposit as defined in Paragraph (1) of Subsection A of this section shall not be construed as prepaid rent.

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35 N.M. Stat. § 47-10-8

The owner of a mobile home park or his agents may charge a security deposit not greater than the amount of one month’s rent or two months’ rent for multiwide units.

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36 N.Y. Gen. Oblig. Law § 7-108(1-a)(a)

No deposit or advance shall exceed the amount of one month’s rent, unless the deposit or advance is for a seasonal use dwelling unit as provided for in subdivisions four and five of this section, or unless the deposit or advance is for an owner-occupied cooperative apartment as provided for in subdivision six of this section.

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37 N.C. Gen. Stat. § 42-51(b)

The security deposit shall not exceed an amount equal to two weeks’ rent if a tenancy is week to week, one and one-half months’ rent if a tenancy is month to month, and two months’ rent for terms greater than month to month. These deposits must be fully accounted for by the landlord as set forth in G.S. 42-52.

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38 N.D. Cent. Code § 47-16-07.1(1) & (2)

1. The lessor of real property or a dwelling who requires money as a security deposit, however denominated, shall deposit the money in a federally insured interest-bearing savings or checking account for the benefit of the tenant. The security deposit and any interest accruing on the deposit must be paid to the lessee upon termination of a lease, subject to the conditions of subsection 2. A lessor may not demand or receive security, however denominated, in an amount or value in excess of one month’s rent, except:

a. A lessor may accept an amount or value up to two month’s rent, as security, from an individual convicted of a felony offense as an incentive to rent the property to the individual.

b. A lessor may demand an amount or value up to two months rent, as security, from an individual who has had a judgment entered against that individual for violating the terms of a previous rental agreement.

2. A lessor may charge a lessee a pet security deposit for keeping an animal that is not a service animal or companion animal required by a tenant with a disability as a reasonable accommodation under fair housing laws. A pet security deposit may not exceed the greater of two thousand five hundred dollars or an amount equivalent to two months’ rent.

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39 68 Pa. Stat. § 250.511a

(a) No landlord may require a sum in excess of two months’ rent to be deposited in escrow for the payment of damages to the leasehold premises and/or default in rent thereof during the first year of any lease.

(b) During the second and subsequent years of the lease or during any renewal of the original lease the amount required to be deposited may not exceed one month’s rent.

(c) If, during the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, the landlord requires the one month’s rent escrow provided herein, upon termination of the lease, or on surrender and acceptance of the leasehold premises, the escrow funds together with interest shall be returned to the tenant in accordance with sections 511.2 and 512.

(d) Whenever a tenant has been in possession of premises for a period of five years or greater, any increase or increases in rent shall not require a concomitant increase in any security deposit.

(e) This section applies only to the rental of residential property.

(f) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable.

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40 R.I. Gen. Laws § 34-18-19(a) & (e)

(a) A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month’s periodic rent.

…

(e)This section does not preclude any landlord who rents a furnished apartment from demanding or receiving a furniture security deposit if the replacement value of the furniture being furnished by the landlord valued at the time the lease is executed is five thousand dollars ($5,000) or greater, in which instance the landlord may charge a separate furniture security deposit of up to one month’s periodic rent.

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41 S.D. Codified Laws § 43-32-6.1

Any deposit of money, the function of which is to secure the performance of a residential rental agreement or any part of such an agreement, shall be deemed to be a security deposit. A lessor of residential premises may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month’s rent except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises.

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42 Va. Code § 55.1-1226(A)

No landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months’ periodic rent. Upon termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, such security deposit, whether it is property or money held by the landlord as security as provided in this section, may be applied by the landlord solely to

(i) the payment of accrued rent, including the reasonable charges for late payment of rent specified in the rental agreement;

(ii) the payment of the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with § 55.1-1227, less reasonable wear and tear;

(iii) other damages or charges as provided in the rental agreement; or

(iv) actual damages for breach of the rental agreement pursuant to § 55.1-1251.The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last. As of the date of the termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, the tenant shall be required to deliver possession of the dwelling unit to the landlord. If the termination date is prior to the expiration of the rental agreement or any renewal thereof, or the tenant has not given proper notice of termination of the rental agreement, the tenant shall be liable for actual damages pursuant to § 55.1-1251, in which case, the landlord shall give written notice of security deposit disposition within the 45-day period but may retain any security balance to apply against any financial obligations of the tenant to the landlord pursuant to this chapter or the rental agreement. If the tenant fails to vacate the dwelling unit as of the termination of the tenancy, the landlord may file an unlawful detainer action pursuant to § 8.01-126.

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43 D.C. Mun. Regs. tit. 14, r. 14-308.2

On or after February 20, 1976, any security deposit or other payment required by an owner as security for performance of the tenant’s obligations in a lease or rental of a dwelling unit shall not exceed an amount equivalent to the first full month’s rent charged that tenant for the dwelling unit, and shall be charged only once by the owner to the tenant.

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