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Legal Guide

Security Deposit Laws by State: Return Deadlines & Limits (2025)

Security deposit laws vary significantly from state to state. Understanding your state's specific requirements helps landlords avoid penalties and helps tenants know their rights.

Last Updated: December 5, 2025

Security Deposit Limits by State

Many states limit how much landlords can collect as a security deposit.

  • No limit: Texas, Ohio, Colorado, Missouri, and others
  • 1 month limit: California (unfurnished), Hawaii
  • 1.5 months limit: New Jersey, Pennsylvania
  • 2 months limit: California (furnished), Delaware, DC, Nevada
  • 3 months limit: Massachusetts (last month advance)
  • Some states have different limits based on tenant age or pet ownership
  • Local laws may impose additional restrictions

Return Deadlines

States require landlords to return deposits within a specific timeframe after move-out.

  • 14 days: Alabama, Arizona, Hawaii, Kansas, Vermont
  • 21 days: California, Colorado, Oregon
  • 30 days: Connecticut, Florida, Illinois, Michigan, Texas
  • 45 days: Maryland
  • 60 days: West Virginia
  • Clock typically starts on move-out date or key return
  • Some states allow extensions for itemized statements

Itemization Requirements

Most states require landlords to provide a written list of deductions.

  • Must itemize each deduction with amount
  • Include receipts or estimates for repairs
  • Explain why each deduction was made
  • Reference specific lease provisions violated
  • Some states require actual receipts vs. estimates
  • Failure to itemize may forfeit right to deduct
  • Keep copies of all documentation

Penalties for Landlord Violations

Landlords who violate security deposit laws face significant penalties.

  • Double damages: California, Colorado, New Jersey
  • Triple damages: Massachusetts, Washington
  • Loss of right to claim any deductions
  • Payment of tenant attorney fees
  • Statutory penalties ($100-500 in some states)
  • Full deposit return required if deadline missed
  • Bad faith violations may increase penalties

How Deposits Must Be Held

Some states have specific requirements for how landlords must hold security deposits.

  • Separate escrow account required in many states
  • Interest may be owed to tenant (NY, MA, MD, NJ)
  • Must disclose bank name and account info (some states)
  • Cannot commingle with landlord personal funds
  • Written receipt required at time of payment
  • Must notify tenant of deposit amount and location
  • Annual interest payments in some jurisdictions

Frequently Asked Questions

Generally, landlords can deduct for unpaid rent, damage beyond normal wear and tear, cleaning costs (if lease requires professional cleaning or if unit is excessively dirty), and sometimes unpaid utilities. They cannot deduct for normal wear and tear or pre-existing damage.

This varies by state from 14 to 60 days. The most common deadlines are 14, 21, or 30 days after you move out and return keys. Check your specific state law for the exact requirement.

In many states, if the landlord misses the deadline, they forfeit the right to make any deductions and must return the full deposit. Some states also impose penalty damages of 2-3 times the deposit amount plus attorney fees.

Some states require interest payments on security deposits, including New York, Massachusetts, Maryland, and New Jersey. The interest rate and payment frequency vary by state. Check your state law.

No. Normal wear and tear is not deductible from security deposits in any state. This includes minor scuffs, faded paint, worn carpet in traffic areas, and other deterioration from ordinary use.

Check Your State's Security Deposit Laws

Use our interactive tool to find specific requirements for your state.

View State Laws

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