Security deposit law covers rental agreements where a landlord holds a certain amount of the tenant’s money to cover (secure) potential unexpected expenses caused by the tenant during the course of the lease.
Security Deposit Laws
Security deposits mainly provide protection to landlords, but tenants enjoy many rights related to security deposits as well. Almost every state has security deposit laws to ensure tenants get treated fairly.
Laws regulating security deposits broadly can be divided into laws about collection, and laws about return. Laws about collection answer questions like:
- What’s the maximum a landlord can collect as a security deposit?
- How much information does the landlord have to give the tenant about the institution holding the deposit funds?
- Is the tenant entitled to any interest payments on the deposit amount?
- Can the landlord can ask for a separate amount as a pet deposit?
- Does the tenant have a right to fill out an initial move-in checklist taking inventory of existing property conditions?
Security deposit return laws answer questions like:
- What kinds of expenses are allowed deductions from a security deposit, and how does the landlord document valid charges?
- What kinds of damage count as expected wear and tear?
- Does a tenant have a right to a move-out inspection with the landlord to document any property damage?
- How much time does the landlord get to return any unused deposit to the tenant?
- What notification requirements apply for a security deposit return?
Security deposit laws often exist at the local level, even when they don’t at a state level. For example, Oregon as a state does not cap security deposits at a specific maximum, while the city of Portland does.
Security Deposit Collections Laws by State
This map shows the general default maximum for a security deposit from one state to another, and the grid links to individual state-by-state pages with more details.
alabama
alaska
arizona
arkansas
california
colorado
connecticut
D.C.
delaware
florida
georgia
hawaii
idaho
illinois
indiana
iowa
kansas
kentucky
louisiana
maine
maryland
massachusetts
michigan
minnesota
mississippi
missouri
montana
nebraska
nevada
new hampshire
new jersey
new mexico
new york
north carolina
north dakota
ohio
oklahoma
oregon
pennsylvania
rhode island
south carolina
south dakota
tennessee
texas
utah
vermont
virginia
washington
west virginia
wisconsin
wyoming
Security Deposit Return Laws by State
This map shows the general maximum allowed time within which a landlord must return a tenant’s security deposit. The grid links to individual state-by-state pages with more details.
alabama
alaska
arizona
arkansas
california
colorado
connecticut
D.C.
delaware
florida
georgia
hawaii
idaho
illinois
indiana
iowa
kansas
kentucky
louisiana
maine
maryland
massachusetts
michigan
minnesota
mississippi
missouri
montana
nebraska
nevada
new hampshire
new jersey
new mexico
new york
north carolina
north dakota
ohio
oklahoma
oregon
pennsylvania
rhode island
south carolina
south dakota
tennessee
texas
utah
vermont
virginia
washington
west virginia
wisconsin
wyoming