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Security Deposit FAQ: Complete Guide to Rental Deposits

Get answers to common security deposit questions. Learn state limits, return deadlines, deduction rules, and how to protect your deposit.

Security deposit limits vary by state. California: 1 month's rent; New York: 1 month's rent; Texas: no statewide limit. 28 of the 51 jurisdictions on file set a general limit, between 1 and 3 months of rent, and 21 set no statewide limit. Many limits have exceptions, so always check your state's specific law.

Return deadlines vary by state; those on file run from 10 to 60 days after move-out. California: 21 days; New York: 14 days; Texas: 30 days; Florida: 15 days (no claim); claim notice within 30 days. Landlords must provide an itemized list of any deductions.

Landlords can typically deduct for unpaid rent, damage beyond normal wear and tear, cleaning costs to restore the unit to move-in condition, and costs to replace missing items. They cannot deduct for normal wear like minor scuffs, faded paint, or worn carpets. Document everything with photos at move-in and move-out.

Normal wear and tear includes minor scuffs on walls, small nail holes, faded paint, worn carpet in high-traffic areas, and minor door or window wear. Damage includes large holes in walls, stained or burned carpets, broken fixtures, unauthorized modifications, pet damage, and excessive dirt requiring professional cleaning.

Generally no, unless your lease specifically allows it or your landlord agrees in writing. Security deposits and last month's rent serve different purposes. Using your deposit without permission could result in eviction proceedings or being held liable for damages. Always get written approval before applying deposit to rent.

If your landlord misses the deadline, you may be entitled to penalties. Many states allow tenants to sue for 2-3 times the deposit amount if it's wrongfully withheld. Send a written demand letter first, then consider small claims court. Keep copies of your lease, move-out photos, and all correspondence.

Some states require landlords to pay interest on security deposits: Connecticut, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, North Dakota, Ohio, Pennsylvania and Washington DC. In a few others it depends on the property, for example the number of units, and some cities have their own rules. Check your state and local law, as requirements vary significantly.

It depends on the state. Some states like California prohibit non-refundable deposits, while others allow them if clearly labeled as 'non-refundable fees' rather than deposits. Common non-refundable fees include pet fees, cleaning fees, or administrative fees. The terminology matters legally.

Take detailed photos and videos of every room at move-in, including walls, floors, appliances, fixtures, and any existing damage. Date-stamp everything. Request a move-in checklist from your landlord and return a signed copy. Repeat this process at move-out. Keep copies of all documentation for at least 3 years.

First, review your move-in documentation and compare to move-out condition. Send a written dispute letter with evidence (photos, receipts). Request itemized costs and contractor invoices. If unresolved, consider mediation or small claims court. Many states have tenant advocacy organizations that can help.

Security Deposit Limits by State

Security deposit limits vary significantly. Here are the statewide rules for six large states:

California

Limit: 1 month's rent
Return: 21 days

Max 1 month's rent (2 months only for a natural-person landlord owning no more than two rental properties with four units total, never from a service member). Must return within 21 days with itemized statement. Cal. Civ. Code 1950.5.

New York

Limit: 1 month's rent
Return: 14 days

Max 1 month's rent as a deposit or advance (units under the rent control laws are outside this rule). Within 14 days after the tenant moves out the landlord must return the deposit with an itemized statement of anything kept, or lose the right to keep any of it. Interest is owed only where the property has six or more family dwelling units: the deposit goes in an interest-bearing account and the tenant receives the interest, less 1% a year the landlord may keep (N.Y. Gen. Oblig. Law §§ 7-103, 7-108).

Texas

Limit: No limit
Return: 30 days

No statewide deposit limit. The refund is due on or before the 30th day after the tenant surrenders the unit, but the landlord need not send it, or the written description of damages and charges, until the tenant gives a forwarding address in writing (Tex. Prop. Code §§ 92.103, 92.107).

Florida

Limit: No limit
Return: 15 days (no claim); claim notice within 30 days

No limit. 15 days to return the deposit if no claim is made; a claim needs written notice within 30 days, and the tenant has 15 days to object (Fla. Stat. § 83.49(3)). Both deadlines run from the termination of the rental agreement (§ 83.49(3)(a)); a date shown here is counted from the move-out date you entered.

Illinois

Limit: No limit
Return: 45 days; a second deadline applies to deductions

No statewide deposit limit. To keep any of the deposit for damage, the landlord must send an itemized statement with paid receipts within 30 days after the tenant moves out (or after the right of possession ends, if later); otherwise the full deposit is due within 45 days (765 ILCS 710/1). Since January 1, 2024 this applies to every residential landlord, whatever the number of units. Interest is owed only where the property has 25 or more units and the deposit is held more than 6 months (765 ILCS 715/1). Local ordinances can add rules.

Washington

Limit: No limit
Return: 30 days

No statewide deposit limit; a deposit requires a written lease and a signed move-in checklist. Within 30 days after the lease ends and the tenant moves out, the landlord must give a full and specific statement of the reasons for any deduction, with copies of estimates or invoices, plus the refund; missing the deadline makes the landlord liable for the full deposit (RCW 59.18.260, 59.18.280).

These are state rules. A city or county may add its own, so check the local ordinance too.

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LeaseCraft provides document automation and general information — not legal, tax, or financial advice. Laws and local rules change; verify requirements with your lease, state housing agency, or a licensed professional before acting on any estimate or summary on this page.