Security Deposit Laws

Last Updated: January 2, 2025 by Roberto Valenzuela

Security deposit return laws play a crucial role in rental lease agreements, outlining when and how landlords must return a tenant’s deposit after move-out. While the rules vary by state, many set clear guidelines for how much to charge, how to handle funds, and what deductions are allowed.

Whether you’re a landlord or a tenant, understanding these laws can help you avoid disputes, stay compliant, and protect your rights.

What is a Security Deposit?

A security deposit is money a landlord collects before a tenant moves in. It serves as a safety net to cover things like:

  • Unpaid rent
  • Excessive cleaning costs
  • Property damage beyond normal wear and tear
  • Lease violations

Security deposits are typically held in a separate account during the lease term and returned, either in full or with itemized deductions, upon the tenant vacating the property. Security deposit return laws often require landlords to explain any deductions in writing and return the remaining balance within a specific timeframe.

Because these laws differ by state, landlords need to understand their obligations and tenants need to know their rights before signing a lease.

How Much Can a Landlord Charge for a Security Deposit?

There’s no one-size-fits-all rule for how much a landlord can charge for a security deposit; it depends on the state laws and the type of rental. However, many states set limits between 1 and 2 months’ rent.

Here are the most common factors that influence the deposit amount:

State law: Some states, such as California, limit the deposit to 2 months’ rent for unfurnished units and 3 months for furnished ones. Others have no statutory cap.

Furnishing status: Landlords may charge more if they are furnishing the property, as there’s more risk of damage.

Pet deposits or fees: Some landlords add a separate refundable deposit or a nonrefundable fee for tenants with pets.

Credit or rental history: Tenants with poor credit or no rental history may have to give a higher deposit (within legal limits).

Short-term leases: Shorter leases or month-to-month arrangements may lead landlords to request a slightly higher deposit.

Even if your state doesn’t cap the amount, charging excessive or discriminatory deposits could violate fair housing laws or lead to disputes.

When Can a Landlord Keep a Security Deposit?

Landlords can legally keep all or part of a tenant’s security deposit in specific circumstances, depending on state law. Common reasons include:

Unpaid rent: If a tenant leaves owing rent, the landlord can use the deposit to recover the outstanding balance.

Excessive property damage: Landlords may deduct costs for damage that goes beyond normal wear and tear.

Cleaning costs: If a tenant leaves the unit excessively dirty or fails to meet the agreed-upon cleaning standards, deductions may apply.

Breach of lease terms: Violations, such as unauthorized pets or early lease termination, may justify deductions. Some states allow deductions if a tenant breaks the lease early and the landlord incurs costs to re-rent the unit.

Unpaid utilities or fees: In some cases, landlords can deduct for unpaid bills if agreed upon in the lease.

Wear and Tear vs. Damage

Landlords cannot deduct for everyday wear and tear, which includes minor scuffs on walls, faded paint, or worn carpet resulting from daily use. However, damage, such as broken appliances, stained carpets, or holes in walls, can incur a deduction.

The distinction between normal wear and tear and damage is one of the most common sources of disputes; therefore, landlords should document everything, such as in condition reports, during both move-in and move-out inspections.

How and When to Return a Security Deposit

Most states require landlords to return a tenant’s security deposit within a set timeframe after the lease ends, typically 14 to 30 days. The timeframe starts once the tenant moves out and returns the keys.

Key requirements to follow:

Timeframe: Most states establish a legal deadline (typically 30 days or less) for returning the deposit. The countdown typically begins once the tenant has moved out and returned the keys.

Itemized deductions: If you plan to withhold part of the deposit, you must provide a written statement that lists each deduction. Include receipts, invoices, or photos to support claims of damage or unpaid rent.

Return method: Depending on the state, landlords may need to send the deposit using certified mail or to whatever forwarding address the tenant provides. If there isn’t one, it usually goes to the last known address or gets held for a legally required timeframe.

Penalties for noncompliance: If landlords fail to return security deposits, they risk losing the right to keep any portion of the deposit and could have to pay double or triple damages.

Best practices for staying compliant:

  • Document the unit’s condition at both move-in and move-out using photos and a signed inspection checklist.
  • Communicate clearly with tenants about deductions and timelines.
  • Return the balance promptly using a secure, trackable method.

Even in states with fewer legal requirements, following these guidelines helps build trust and minimizes the risk of disputes or legal claims.

How Long Does a Landlord Have To Return a Security Deposit?

The time to return a security deposit varies by state, but is typically two to four weeks after the tenant moves out.

State Deadline To Return
Alabama
60 days
Alaska
14 days: without deductions for damages
30 days: with deductions for damages
Arizona
14 business days
Arkansas
60 days (with some exemptions for landlords that own five or fewer units )
California
21 days
Colorado
1 month (72 hours in hazardous situations)
Connecticut
15 days after the tenant provides their address or
21 days after the lease ends, whichever is later
Delaware
20 days
Florida
15 days (no deductions)
Up to 60 days (when there are deductions)
Georgia
30 days
Hawaii
14 days
Idaho
21 days (default), or
Any amount of time up to 30 days (by written agreement)
Illinois
45 days (no deductions)
30 days (when there are deductions)
Indiana
45 days
Iowa
30 days
Kansas
14 days after landlord determines non-rent deductions, OR
30 days after the lease term ends and the tenant moves out (whichever is earlier)
Kentucky
“Reasonable” amount of time, if tenant demands deposit return within 60 days (default) or 30 days (tenant owes back rent)
Louisiana
1 month
Maine
30 days (written leases)
21 days (at-will tenancies)
Maryland
45 days
Massachusetts
30 days
Michigan
30 days
Minnesota
21 days (or 5 days after building condemnation)
Mississippi
45 days
Missouri
30 days
Montana
10 days (no deductions)
30 days (when there are deductions)
Indefinite period subject to court order (when the landlord has certain pending lawsuits against the tenant)
Nebraska
14 days
Nevada
30 days (21 days for mobile homes )
New Hampshire
30 days
New Jersey
30 days (15 days for termination due to domestic assault/violence; 5 business days for fire, flood, condemnation, or evacuation )
New Mexico
30 days
New York
14 days
North Carolina
30 days
North Dakota
30 days
Ohio
30 days
Oklahoma
45 days
Oregon
31 days (except 14 days if unit deemed unsafe )
Pennsylvania
30 days
Rhode Island
20 days
South Carolina
30 days
South Dakota
14 days
Tennessee
No statutory deadline
Texas
30 days
Utah
30 days
Vermont
14 days
Virginia
45 days
Washington
30 days
Washington D.C.
45 days (no deductions)
Up to 75 days (when there are deductions)
West Virginia
45 days after the next tenant moves in OR
60 days after the lease ends (whichever is earlier)
Wisconsin
21 days
Wyoming
15 days after the tenant provides an address or
30 days after the lease ends (whichever is later)
(+30 days if deductions are made for damage)

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What Are the Consequences for Not Returning a Security Deposit on Time?

Failing to obey security deposit return laws, even if by accident, often carries a potential penalty of two to three times the amount of the security deposit.

Amount Due
2x Amount Due
3x Amount Due
Other

AK HI AL AR AZ CA CO CT DE FL GA IA ID IL IN KS KY LA MA MD ME MI MN MO MS MT NC ND NE NH NJ NM NV NY OH OK OR PA RI SC SD TN TX UT VA VT WA WI WV WY DC

State Maximum Penalty
Alabama
2x deposit
Alaska
2x amount due + court costs + attorneys’ fees
Arizona
3x amount due
Arkansas
2x amount due + court costs + attorneys’ fees
California
Unintentional: amount of deposit
Bad faith: 2x deposit + amount due
Colorado
3x amount due + court costs + attorneys’ fees
Connecticut
2x deposit + court costs
Delaware
2x amount due + court costs
Florida
Amount due + court costs + attorneys’ fees
Georgia
Unintentional: amount due
Bad faith: 3x amount due + attorneys’ fees
Hawaii
Unintentional: amount due
Bad faith: deposit + 3x amount due + court costs
Idaho
3x deposit or attorneys’ fees + court costs (not both)
Illinois
Unintentional: actual damages
Bad faith: 2x deposit + amount due + court costs + attorneys’ fees
Indiana
Deposit + court costs + attorneys’ fees
Iowa
Deposit + 2x monthly rent + actual damages + attorneys’ fees
Kansas
1 and 1/2x amount due
Kentucky
Amount due
Louisiana
Amount due + 2x amount due or $300 (whichever is greater) + court costs + attorneys’ fees
Maine
2x amount due + court costs + attorneys’ fees
Maryland
4x amount due + attorneys’ fees
Massachusetts
3x amount due + 5% interest + court costs + attorneys’ fees
Michigan
2x amount due
Minnesota
Unintentional: 2x amount due
Bad faith: 2x amount due + $500
Attorney’s fees (if lease allows them for landlord)
Mississippi
$200 + actual damages
Missouri
2x amount due
Montana
2x amount due + court costs + attorneys’ fees
Nebraska
Unintentional: Amount due + court costs + attorneys’ fees
Bad faith: Amount due + 1 month’s rent or 2x deposit (whichever is less) + court costs + attorneys’ fees
Nevada
2x deposit
New Hampshire
2x amount due (or up to 3x damages + court costs + attorney fees, for a few specific willful violations )
New Jersey
2x amount due + court costs + attorneys’ fees
New Mexico
Deposit + $250 + court costs (+ attorneys’ fees in some cases )
New York
Unintentional: actual damages
Bad faith: 2x deposit + amount due
North Carolina
Unintentional: amount due + attorneys’ fees
Bad faith: full deposit + attorneys’ fees
North Dakota
3x amount due + court costs
Ohio
2x amount due + attorneys’ fees
Oklahoma
Amount due + court costs + attorneys’ fees
Oregon
2x amount due + court costs + attorneys’ fees
Pennsylvania
2x amount due
Rhode Island
2x deposit + attorneys’ fees
South Carolina
3x amount due + attorneys’ fees
South Dakota
Deposit + $200 + court costs
Tennessee No statute
Texas
3x amount due + $100 + attorneys’ fees
Utah
Deposit + $100
Vermont
Unintentional: full deposit
Bad faith: 2x deposit + court costs + attorneys’ fees
Virginia
Amount due + damages + attorneys’ fees
Washington
Unintentional: deposit + court costs + attorneys’ fees
Bad faith: 2x deposit + court costs + attorneys’ fees
Washington D.C.
Unintentional: Amount due + interest
Bad faith: 3x deposit + interest + court costs
West Virginia
2½x amount due + court costs
Wisconsin
2x amount due + court costs + attorneys’ fees
Wyoming
Deposit + court costs

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Frequently Asked Questions About Security Deposit Return Laws

What is the CA law for rental deposit return?

Under California law, landlords must return the tenant’s deposit within 21 calendar days of move-out. If there are any deductions, the landlord must also provide an itemized statement listing damages or unpaid rent, along with any remaining balance of the deposit. California law limits the deposit to 2 months’ rent for unfurnished units and 3 months for furnished ones.

What happens if I don’t get my deposit back in 10 days?

Security deposit returns vary by state, but most provide a legal deadline, typically between 14 and 30 days, for returning the deposit. Your landlord may owe you damages or penalties if they don’t return your deposit within your state’s required timeframe. Tenants should send a written request and, if necessary, pursue legal remedies, such as small claims court.

How soon does a landlord need to return a deposit?

The timeline depends on your state’s security deposit return laws. In general, landlords must return the deposit within 14 to 30 days of the tenant moving out. Some states require a shorter deadline if the tenant gives proper notice. If there are deductions, an itemized list must typically accompany the remaining balance.

What is the law on returning security deposits in NC?

North Carolina’s law requires landlords to return the deposit within 30 days after lease termination and tenant move-out. If the landlord cannot determine the exact amount to return within that period, they may send an interim statement and must provide the final accounting within 60 days. Deductions are allowed for unpaid rent, damage beyond normal wear and tear, or other lease violations.

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