Security Deposit Laws by State (2026)
About this article
Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | Deposit rules | |
|---|---|---|
| Alabama | Ala. Code § 35-9A-201 — Security Deposits | See details |
| Alaska | Alaska Security Deposits — Alaska Stat. § 34.03.070 | See details |
| Arizona | A.R.S. § 33-1321 | See details |
| Arkansas | Arkansas Security Deposit Return, Ark. Code § 18-16-305 | See details |
| California | Cal. Civ. Code § 1950.5 | 1-month cap, 21-day return, receipts required for any deduction over $125, and up to 2× statutory damages for bad-faith retention — plus AB 2801 photo documentation after April 1, 2025. |
| Colorado | C.R.S. § 38-12-103 | See details |
| Connecticut | CGS § 47a-21 — Security deposit rules | See details |
| Delaware | Delaware Security Deposit Law, 25 Del. C. § 5514 | See details |
| District of Columbia | D.C. Security Deposit Requirements, D.C. Code § 42-3502.17 | See details |
| Florida | Fla. Stat. § 83.49 | Florida forfeits the landlord's entire claim if they miss the 30-day certified-mail notice — and § 83.49(3)(c) pays your attorney's fees if you win. |
| Georgia | OCGA § 44-7-35 | See details |
| Hawaii | Hawaii Security Deposit Rules — HRS § 521-44 | See details |
| Idaho | Idaho Code § 6-321 — security deposit return (21–30 days) and itemization | See details |
| Illinois | Chicago Municipal Code § 5-12-080(f) (Chicago); 765 ILCS 710/1 (statewide) | Chicago RLTO § 5-12-080(f) is <em>strict liability</em> — 2× deposit + interest + attorney's fees with no bad-faith requirement. Statewide 765 ILCS 710 requires proof of refusal or bad faith. Your letter should plead both. |
| Indiana | Indiana Code § 32-31-3-12 — security deposit return within 45 days | See details |
| Iowa | Iowa Code § 562A.12 — Security Deposits | See details |
| Kansas | K.S.A. § 58-2550 — Security Deposits (30-Day Return) | See details |
| Kentucky | KRS § 383.580 — Security Deposits | See details |
| Louisiana | Louisiana Security Deposit Law, La. R.S. § 9:3251 et seq. | See details |
| Maine | 14 M.R.S.A. § 6031 et seq. — security deposit requirements | See details |
| Maryland | Maryland Security Deposit Law, MD Code, Real Property § 8-203 | See details |
| Massachusetts | Mass. Gen. Laws ch. 186, § 15B | Massachusetts requires deposit return within 30 days — violations trigger triple damages plus interest and attorney fees, one of the strictest deposit laws in the country. |
| Michigan | MCL § 554.613 (Security Deposit Act — 45-day suit deadline + double damages) | Michigan gives landlords 30 days to send an itemized list and 45 days to sue — miss either and you recover double the amount retained under MCL § 554.613(2). |
| Minnesota | Minn. Stat. § 504B.178 | See details |
| Mississippi | Miss. Code Ann. § 89-8-21 — security deposit return requirements | See details |
| Missouri | Missouri Security Deposit Requirements and Remedies, RSMo § 535.300 | See details |
| Montana | Mont. Code Ann. § 70-25-202 — security deposit return (30 days / 10 days if no deductions) | See details |
| Nebraska | Neb. Rev. Stat. § 76-1416 — Security Deposit Limits and Return (14 Days) | See details |
| Nevada | NRS 118A.242 — Security Deposits | See details |
| New Hampshire | RSA 540-A:6 — NH security deposit limits (1 month's rent or $100) | See details |
| New Jersey | N.J.S.A. 46:8-21.1 | New Jersey requires return within 30 days and mandatory double damages plus attorney fees — courts have no discretion to reduce the penalty. |
| New Mexico | NMSA § 47-8-18 — security deposit rules (1-month cap, 30-day return) | See details |
| New York | N.Y. Gen. Oblig. Law § 7-108(1-a) | New York forfeits the entire deposit to the tenant under GOL § 7-108(1-a)(g) if the landlord misses the 14-day return + itemized statement — and RPL § 234 shifts attorney's fees. |
| North Carolina | N.C. Gen. Stat. § 42-52 | North Carolina's Tenant Security Deposit Act caps deposits at 1.5–2 months' rent and forces full forfeiture of the landlord's claim if they miss the 30-day itemization deadline. |
| North Dakota | N.D. Cent. Code § 47-16-07.1 — Security Deposits | See details |
| Ohio | Ohio Rev. Code § 5321.16 | Ohio's deposit statute requires a <em>written</em> forwarding address as a condition precedent — deliver it by certified mail the day keys return, or you forfeit the double-damages-plus-fees remedy. |
| Oklahoma | Oklahoma Security Deposits, 41 Okl. St. § 115 | See details |
| Oregon | ORS § 90.300 | See details |
| Pennsylvania | 68 P.S. § 250.512 | Pennsylvania doubles only the wrongfully withheld portion — and <em>only</em> if you gave your landlord a written forwarding address at move-out. Your letter must lock that proof in first. |
| Rhode Island | R.I. Gen. Laws § 34-18-19 — security deposit rules and return requirements | See details |
| South Carolina | S.C. Code § 27-40-410 — Security Deposits | See details |
| South Dakota | SDCL § 43-32-6.1 — Security Deposits | See details |
| Tennessee | TCA § 66-28-301 — Security Deposit Requirements | See details |
| Texas | Tex. Prop. Code § 92.103 | Texas requires deposit return within 30 days of forwarding-address delivery — bad-faith withholding triggers $100 + 3× the wrongfully withheld amount + attorney fees, plus total forfeiture under § 92.109(b) if no itemized list is sent. |
| Utah | Utah Security Deposit Requirements — Utah Code § 57-17-3 | See details |
| Vermont | 9 V.S.A. § 4461 — Vermont security deposit requirements and return | See details |
| Virginia | Va. Code § 55.1-1226(A) (45-day return + written itemization) | Virginia gives landlords 45 days to return the deposit with a written itemization (Va. Code § 55.1-1226(A)) — a bare check without itemization is statutorily defective. |
| Washington | RCW 59.18.280 | Washington requires deposit return within 21 days with itemized deductions — missing the deadline lets tenants recover up to 2× the deposit plus attorney fees. |
| West Virginia | W. Va. Code § 37-6A-1 et seq. — Security deposit requirements | See details |
| Wisconsin | Wis. Stat. § 704.28 — Security Deposit Return | See details |
| Wyoming | Wyo. Stat. § 34-2-129 — security deposit return (30 days) and itemization | See details |
What is this right?
Security deposit law is one of the few places where tenants almost always have the upper hand — if they know the rules. When you move out, your landlord has to return your deposit within a specific window set by state law (typically 14 to 30 days), and they can only deduct for unpaid rent, damage beyond normal wear and tear, or cleaning costs specifically allowed by your lease.
The phrase "normal wear and tear" is the entire game. Scuffed floors, faded paint, light carpet wear, small nail holes — that's wear and tear, and your landlord can't bill you for it. Pet stains, holes in drywall, broken tiles, and burn marks are damage, and those they can deduct. Most states require an itemized list of every deduction along with receipts; if your landlord skips the list or misses the deadline, many states impose 2× or 3× the deposit as a penalty even for legitimate damage.
When does it apply?
This right applies when:
- You paid a security deposit at the start of your tenancy
- You are moving out (whether your lease ended, you gave notice, or you were evicted)
- Your landlord deducts money from your deposit or refuses to return it
Common misconceptions:
- "My landlord can keep the deposit for any reason" — No. Deductions must be for specific, documented damages beyond normal wear and tear.
- "Normal wear and tear means the place should look new" — No. Landlords cannot charge for gradual deterioration from normal use: paint fading, carpet wearing down, minor scuffs.
- "I can use my security deposit as last month's rent" — Not unless your lease specifically allows it. Withholding rent and claiming "use my deposit" can lead to eviction for nonpayment.
What to Do If Your Landlord Won't Return Your Deposit
Step 1: Photograph everything before you leave. Every room, every wall, every appliance, time-stamped. Video walkthroughs are even better. This is the single most valuable evidence in any deposit dispute.
Step 2: Do a joint walkthrough if you can. Many states give you the right to be present at move-out inspection. Get the landlord to sign off on the condition or write down any disputes in real time.
Step 3: Provide a forwarding address in writing. The clock for return only starts when the landlord knows where to send the deposit. No address, no statutory deadline running.
Step 4: Send a demand letter by certified mail. Cite your state's deadline, the amount owed, and the penalty available if they don't return it. A surprising number of landlords cut a check at this stage to avoid the 2–3× exposure.
Step 5: File in small claims. Filing fees are usually under $100 and you don't need a lawyer. Many states let you recover 2–3× the deposit amount plus court costs and attorney fees if you have one.
What should you NOT do?
Don't leave without documenting. Without move-out photos, it's your word against the landlord's — and judges have heard a lot of those cases.
Don't skip the demand letter. Courts want to see you tried to resolve it first. The certified-mail receipt also locks in the date the landlord was put on notice.
Don't sit on the claim. Statutes of limitations for deposit suits run 2–6 years depending on state. The longer you wait, the harder the evidence is to find.
Don't cash a partial refund check without writing "under protest" on it. Some states treat a partial check as accord and satisfaction — meaning you've accepted it as full payment. Note in writing that you're still disputing the rest.
Worked example
ScenarioYou move out of a California apartment and leave, say, a $2,000 security deposit. Your landlord makes no deductions but, 23 days later, still hasn't returned the money or sent an itemized statement.
OutcomeCalifornia Civil Code §1950.5(g) requires the landlord to return the deposit and itemize any deductions within 21 calendar days of move-out. The landlord has missed that deadline, and a bad-faith failure to return the deposit can expose them to the deposit amount plus up to twice the deposit in statutory damages.
Legal values (21-calendar-day window, up to 2× statutory damages) are from Cal. Civ. Code §1950.5(g). The $2,000 figure is an illustrative deposit amount, not a legal limit — see the California section for full detail.
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See all 13 letter types →Common Questions
How long does my landlord have to return my security deposit?
It depends on your state. Most states give the landlord roughly 14 to 30 days after you move out to return the deposit and provide an itemized list of any deductions. A few allow up to 45 or 60 days. Check your state's section above for its exact deadline and governing statute.
What can my landlord deduct from my security deposit?
Landlords can generally deduct unpaid rent and the cost of repairing damage beyond normal wear and tear. Routine cleaning and ordinary wear — worn carpet, minor scuffs, fading paint — usually can't be charged. Many states require the landlord to give you an itemized statement listing each deduction.
What happens if my landlord keeps my deposit illegally?
Most states let you sue for the wrongfully withheld amount, and several add a penalty — often two to three times the deposit — when the landlord acted in bad faith or ignored the deadline. Your state's section above shows whether a multiplier or extra damages apply where you live.
Is there a limit on how much a landlord can charge for a deposit?
Some states cap the deposit at one to two months' rent, while others set no statutory limit at all. Several states have lowered their caps in recent years. See your state's row in the table above for its specific cap, if any, and the statute that sets it.
Do I get interest on my security deposit?
In some states and cities, landlords must hold deposits in a separate account and pay you interest, particularly on longer tenancies. Most states don't require interest at all. Your state's section above notes whether separate-account or interest rules apply to your deposit.
State-by-state details
Alabama
Primary statute: Ala. Code § 35-9A-201 — Security Deposits
Alabama regulates security deposits under the Residential Landlord and Tenant Act:
- Maximum deposit: 1 month's rent
- Landlords must return the deposit within 60 days after the tenant moves out
- An itemized list of deductions must be provided
- If the landlord fails to comply, the tenant can recover up to 2x the withheld amount
Alaska
Primary statute: Alaska Security Deposits — Alaska Stat. § 34.03.070
Alaska has detailed security deposit rules protecting tenants:
- Maximum deposit is 2 months' rent (unless monthly rent exceeds $2,000)
- Landlords must return the deposit within 14 days if the tenant provides a forwarding address, or 30 days otherwise
- Landlords must provide an itemized list of deductions
- If the landlord wrongfully withholds the deposit, the tenant may recover up to twice the amount wrongfully withheld
- Deposits must be held in a trust account or surety bond in some cases
Arizona
Primary statute: A.R.S. § 33-1321
Arizona has specific security deposit regulations under the ARLTA:
- Maximum deposit: 1.5 months' rent
- Deposits may also include a nonrefundable fee for cleaning or redecorating, but it must be clearly designated as nonrefundable in writing
- Landlords must return the deposit within 14 business days after the tenant moves out and the landlord receives the tenant's forwarding address
- An itemized list of deductions must be provided if any portion is withheld
- Allowed deductions: unpaid rent, damage beyond normal wear and tear, cleaning costs (if not already covered by a nonrefundable fee)
- If the landlord wrongfully withholds the deposit, the tenant may recover up to 2x the amount wrongfully withheld
Arkansas
Primary statute: Arkansas Security Deposit Return, Ark. Code § 18-16-305
Arkansas has basic security deposit protections:
- Maximum deposit is 2 months' rent
- Landlords must return the deposit within 60 days of lease termination
- Landlords must provide an itemized list of deductions
- If the landlord fails to return the deposit or provide an itemization, the tenant may be entitled to penalties
- Arkansas does not require deposits to be held in a separate account or to accrue interest
California
Primary statute: Cal. Civ. Code § 1950.5
1-month cap, 21-day return, receipts required for any deduction over $125, and up to 2× statutory damages for bad-faith retention — plus AB 2801 photo documentation after April 1, 2025.
Full California guide →Colorado
Primary statute: C.R.S. § 38-12-103
Colorado regulates security deposits with strong tenant protections:
- Maximum deposit: no statutory maximum for security deposits in Colorado (though some local ordinances may apply)
- Landlords are not required to hold the deposit in a separate account, but must maintain records
- Deposit must be returned within 30 days after the tenant moves out (or up to 60 days if specified in the lease)
- An itemized written statement of deductions must be provided
- If the landlord fails to return the deposit or provide a statement within the deadline, the landlord forfeits the right to withhold any portion and may owe treble damages (3x the withheld amount)
- Allowed deductions: unpaid rent, damage beyond normal wear and tear, cleaning necessary to restore the unit to move-in condition
- Landlords cannot charge for normal wear and tear
Connecticut
Primary statute: CGS § 47a-21 — Security deposit rules
Connecticut has strong security deposit protections:
- Maximum deposit is 2 months' rent (1 month for tenants 62 and older)
- Landlords must return the deposit within 30 days of move-out, or 15 days after receiving tenant's forwarding address (whichever is later)
- Landlords must provide an itemized list of deductions
- Deposits must be held in an escrow account at a Connecticut bank and tenants must be notified of the bank name and address
- If the landlord fails to comply, the tenant may recover double the deposit amount
Delaware
Primary statute: Delaware Security Deposit Law, 25 Del. C. § 5514
Delaware has detailed security deposit protections:
- Maximum deposit is 1 month's rent for leases of one year or more; no limit for shorter leases
- Landlords must return the deposit within 20 days of lease termination
- Landlords must provide an itemized list of deductions
- If the landlord fails to return the deposit or provide a statement within 20 days, the tenant may recover double the deposit
- Deposits must be held in a federally insured institution in Delaware
District of Columbia
Primary statute: D.C. Security Deposit Requirements, D.C. Code § 42-3502.17
D.C. has strong security deposit protections:
- Maximum deposit: 1 month's rent.
- Return deadline: 45 days after move-out.
- Interest required: Landlords must pay interest on security deposits at the rate set by the D.C. Rental Housing Commission.
- Itemized statement required: Landlords must provide an itemized list of deductions within 45 days. If no statement is provided, the entire deposit must be returned.
- Receipts required: Landlords must provide a receipt when they collect the deposit.
- Penalties: Landlords who fail to comply with deposit requirements may be liable for treble (3x) damages.
Florida
Primary statute: Fla. Stat. § 83.49
Florida forfeits the landlord's entire claim if they miss the 30-day certified-mail notice — and § 83.49(3)(c) pays your attorney's fees if you win.
Full Florida guide →Georgia
Primary statute: OCGA § 44-7-35
Full Georgia guide →Hawaii
Primary statute: Hawaii Security Deposit Rules — HRS § 521-44
Hawaii has tenant-friendly security deposit rules:
- Landlords must return the deposit within 14 days of lease termination
- Maximum deposit is 1 month's rent (unfurnished) or 2 months' rent (furnished)
- Landlords must provide an itemized statement of deductions
- If the landlord fails to return the deposit within 14 days, the tenant may recover the full deposit plus statutory damages
- Landlords must hold deposits in a trust account and disclose the location to the tenant
Idaho
Primary statute: Idaho Code § 6-321 — security deposit return (21–30 days) and itemization
Idaho security deposit rules are relatively landlord-friendly:
- Landlords must return the deposit within 21 days of lease termination, or up to 30 days if stated in the lease
- There is no statutory maximum on security deposit amounts — landlords may charge whatever they deem appropriate
- Landlords must provide an itemized statement of deductions
- If the landlord fails to return the deposit or provide a statement, the tenant may sue for the deposit plus reasonable attorney fees
- Idaho does not require landlords to hold deposits in a separate account or pay interest
Illinois
Primary statute: Chicago Municipal Code § 5-12-080(f) (Chicago); 765 ILCS 710/1 (statewide)
Chicago RLTO § 5-12-080(f) is <em>strict liability</em> — 2× deposit + interest + attorney's fees with no bad-faith requirement. Statewide 765 ILCS 710 requires proof of refusal or bad faith. Your letter should plead both.
Full Illinois guide →Indiana
Primary statute: Indiana Code § 32-31-3-12 — security deposit return within 45 days
Indiana regulates security deposits under state landlord-tenant law:
- Maximum deposit: no statutory maximum for security deposits in Indiana
- Landlords are not required to hold the deposit in a separate account or pay interest
- Deposit must be returned within 45 days after the tenant moves out
- An itemized list of damages must be provided if any amount is withheld
- Allowed deductions: unpaid rent, damage beyond normal wear and tear, unpaid utility charges
- If the landlord fails to return the deposit or provide a list of damages within 45 days, the tenant may recover the entire deposit plus attorney fees
- Tenants must provide a forwarding address in writing
Iowa
Primary statute: Iowa Code § 562A.12 — Security Deposits
Iowa has clear security deposit protections:
- Maximum deposit is 2 months' rent
- Landlords must return the deposit within 30 days of lease termination
- Landlords must provide an itemized list of deductions
- If the landlord wrongfully withholds the deposit, the tenant may recover up to twice the amount wrongfully withheld
- Deposits must be held in a bank or other federally insured institution
Kansas
Primary statute: K.S.A. § 58-2550 — Security Deposits (30-Day Return)
Kansas has specific security deposit rules:
- Maximum deposit is 1 month's rent for unfurnished units, 1.5 months' rent for furnished units (plus pet deposit up to 1/2 month)
- Landlords must return the deposit within 30 days of lease termination
- Landlords must provide an itemized list of deductions
- If the landlord fails to return the deposit or provide a statement within 30 days, the tenant may recover 1.5x the amount wrongfully withheld
- Kansas does not require deposits to be held in a separate account
Kentucky
Primary statute: KRS § 383.580 — Security Deposits
Kentucky regulates security deposits under URLTA:
- No statutory maximum on deposit amount
- Landlords must return the deposit within 30 days after the tenant moves out and provides a forwarding address
- An itemized list of deductions must be provided
- Deposits must be held in a separate account at a Kentucky financial institution
- Landlord must disclose the location of the deposit in writing
Louisiana
Primary statute: Louisiana Security Deposit Law, La. R.S. § 9:3251 et seq.
Louisiana regulates security deposits under La. R.S. § 9:3251 et seq.:
- No statutory maximum on deposit amount
- Landlords must return the deposit within 30 days after the tenant moves out
- An itemized list of deductions must be provided
- If the landlord willfully fails to return the deposit, the tenant can recover the wrongfully retained amount plus the greater of $300 or twice the amount wrongfully withheld, plus attorney fees (amended 2019)
Maine
Primary statute: 14 M.R.S.A. § 6031 et seq. — security deposit requirements
Full Maine guide →Maryland
Primary statute: Maryland Security Deposit Law, MD Code, Real Property § 8-203
Maryland has detailed security deposit laws that protect tenants:
- Maximum deposit: 2 months' rent
- Landlords must hold the deposit in a Maryland financial institution in an escrow account
- Landlords must provide a receipt and written notice of the tenant's right to be present at the move-out inspection
- Tenants have the right to attend a move-out inspection
- Deposit must be returned within 45 days after the tenant moves out
- An itemized list of deductions with receipts or estimates must be provided
- Landlords must pay simple interest on deposits at the rate of 3% per year (if deposit exceeds $50)
- Failure to comply can result in the landlord owing up to 3x the withheld amount plus attorney fees
Massachusetts
Primary statute: Mass. Gen. Laws ch. 186, § 15B
Massachusetts has some of the strictest security deposit laws in the country:
- Maximum deposit: first month's rent, last month's rent, a security deposit equal to one month's rent, and the cost of a new lock and key — no more
- The security deposit cannot exceed one month's rent
- Landlords must hold the deposit in a separate, interest-bearing escrow account at a Massachusetts bank
- Landlords must provide a receipt and a statement of the account's location within 30 days
- Interest must be paid to the tenant annually or deducted from rent
- Deposit must be returned within 30 days of move-out with an itemized list of any deductions
- Failure to comply with any requirement can result in the landlord owing treble damages (3x the deposit) plus attorney fees
Michigan
Primary statute: MCL § 554.613 (Security Deposit Act — 45-day suit deadline + double damages)
Michigan gives landlords 30 days to send an itemized list and 45 days to sue — miss either and you recover double the amount retained under MCL § 554.613(2).
Full Michigan guide →Minnesota
Primary statute: Minn. Stat. § 504B.178
Minnesota has strong security deposit protections:
- No statutory maximum on security deposit amount
- Landlords must return the deposit within 21 days after the tenant moves out (one of the shortest in the nation)
- An itemized list of deductions must be provided
- Deposits must be held in a financial institution and interest must be paid to the tenant at a rate of 1% per year (or the rate earned, whichever is less)
- If the landlord wrongfully withholds the deposit, the tenant can recover twice the amount wrongfully withheld plus $500 in punitive damages for bad faith retention
Mississippi
Primary statute: Miss. Code Ann. § 89-8-21 — security deposit return requirements
Mississippi has minimal security deposit regulation:
- There is no statutory maximum on security deposit amounts
- Landlords must return the deposit within 45 days of lease termination
- Landlords must provide an itemized list of deductions
- Mississippi does not require deposits to be held in a separate account or accrue interest
- If the landlord fails to return the deposit, the tenant can sue in small claims court
Missouri
Primary statute: Missouri Security Deposit Requirements and Remedies, RSMo § 535.300
Missouri regulates security deposits under state landlord-tenant law:
- Maximum deposit: 2 months' rent
- Landlords are not required to hold the deposit in a separate account or pay interest
- Deposit must be returned within 30 days after the tenant moves out
- An itemized list of deductions must be provided if any amount is withheld
- Allowed deductions: unpaid rent, damage beyond normal wear and tear
- If the landlord wrongfully withholds the deposit, the tenant may recover up to 2x the amount wrongfully withheld
- Tenants must provide a forwarding address in writing to receive the deposit
Montana
Primary statute: Mont. Code Ann. § 70-25-202 — security deposit return (30 days / 10 days if no deductions)
Montana has security deposit rules that favor timely returns:
- Landlords must return the deposit within 30 days of lease termination, or 10 days if there are no deductions
- There is no statutory maximum on security deposit amounts in Montana
- Landlords must provide a written, itemized list of deductions
- If the landlord fails to return the deposit or provide a statement within the required time, the tenant may recover the full deposit
- Montana does not require landlords to hold deposits in a separate account or pay interest
Nebraska
Primary statute: Neb. Rev. Stat. § 76-1416 — Security Deposit Limits and Return (14 Days)
Nebraska has strong security deposit protections with one of the shortest return timelines in the country:
- Landlords must return the deposit within 14 days of lease termination and tenant move-out
- Maximum deposit is 1 month's rent — no additional pet deposits allowed above this cap
- Landlords must provide an itemized list of deductions with the returned deposit
- If the landlord fails to return the deposit or provide a statement within 14 days, the tenant may recover the full deposit amount
- Deposits must be held in a separate account (though not necessarily an escrow account)
Nevada
Primary statute: NRS 118A.242 — Security Deposits
Nevada has specific security deposit rules:
- Maximum deposit is 3 months' rent
- Landlords must return the deposit within 30 days of lease termination
- Landlords must provide an itemized statement of deductions
- If the landlord fails to return the deposit within 30 days, the tenant may recover the full deposit amount
- Nevada does not require deposits to accrue interest
New Hampshire
Primary statute: RSA 540-A:6 — NH security deposit limits (1 month's rent or $100)
New Hampshire has clear security deposit rules:
- Landlords must return the deposit within 30 days of lease termination
- Maximum deposit is 1 month's rent or $100, whichever is greater
- Landlords must provide an itemized list of damages and deductions
- If the landlord fails to return the deposit or provide a statement, the tenant may recover double the deposit amount
- Deposits must be held in a separate account at a New Hampshire bank or savings institution
- Landlords must provide written notice of the deposit location
New Jersey
Primary statute: N.J.S.A. 46:8-21.1
New Jersey requires return within 30 days and mandatory double damages plus attorney fees — courts have no discretion to reduce the penalty.
Full New Jersey guide →New Mexico
Primary statute: NMSA § 47-8-18 — security deposit rules (1-month cap, 30-day return)
New Mexico has clear security deposit rules:
- Maximum deposit is 1 month's rent for leases under 1 year; no limit for longer leases
- Landlords must return the deposit within 30 days of lease termination
- Landlords must provide an itemized list of deductions
- If the landlord fails to return the deposit, the tenant may sue and recover the deposit amount
- New Mexico does not require deposits to accrue interest
New York
Primary statute: N.Y. Gen. Oblig. Law § 7-108(1-a)
New York forfeits the entire deposit to the tenant under GOL § 7-108(1-a)(g) if the landlord misses the 14-day return + itemized statement — and RPL § 234 shifts attorney's fees.
Full New York guide →North Carolina
Primary statute: N.C. Gen. Stat. § 42-52
North Carolina's Tenant Security Deposit Act caps deposits at 1.5–2 months' rent and forces full forfeiture of the landlord's claim if they miss the 30-day itemization deadline.
Full North Carolina guide →North Dakota
Primary statute: N.D. Cent. Code § 47-16-07.1 — Security Deposits
North Dakota has specific security deposit rules:
- Maximum deposit is 1 month's rent (or 2 months' rent if the tenant poses a risk to the property — requires written explanation)
- Landlords must return the deposit within 30 days of lease termination
- Landlords must provide an itemized list of deductions
- If the landlord fails to return the deposit within 30 days, the tenant may be entitled to the full deposit
- North Dakota does not require deposits to accrue interest
Ohio
Primary statute: Ohio Rev. Code § 5321.16
Ohio's deposit statute requires a <em>written</em> forwarding address as a condition precedent — deliver it by certified mail the day keys return, or you forfeit the double-damages-plus-fees remedy.
Full Ohio guide →Oklahoma
Primary statute: Oklahoma Security Deposits, 41 Okl. St. § 115
Oklahoma regulates security deposits under the Residential Landlord and Tenant Act:
- No statutory maximum on deposit amount
- Landlords must return the deposit within 45 days after the tenant moves out
- An itemized list of deductions must be provided
- If the landlord fails to comply, the tenant can recover up to 2x the withheld amount plus attorney fees
Oregon
Primary statute: ORS § 90.300
Oregon has strong security deposit protections:
- No statutory maximum on deposit amount
- Landlords must return the deposit within 31 days after the tenant moves out
- An itemized list of deductions with receipts or estimates must be provided
- If the landlord fails to comply, the tenant can recover up to 2x the withheld amount
- Landlords must provide a written statement at the start of tenancy explaining the deposit requirements
Pennsylvania
Primary statute: 68 P.S. § 250.512
Pennsylvania doubles only the wrongfully withheld portion — and <em>only</em> if you gave your landlord a written forwarding address at move-out. Your letter must lock that proof in first.
Full Pennsylvania guide →Rhode Island
Primary statute: R.I. Gen. Laws § 34-18-19 — security deposit rules and return requirements
Rhode Island has strong security deposit protections:
- Maximum deposit is 1 month's rent
- Landlords must return the deposit within 20 days of move-out
- Landlords must provide an itemized list of deductions
- If the landlord fails to return the deposit within 20 days, the tenant may recover double the amount wrongfully withheld
- Rhode Island does not require deposits to be held in a separate account or accrue interest
South Carolina
Primary statute: S.C. Code § 27-40-410 — Security Deposits
South Carolina regulates security deposits under the Residential Landlord and Tenant Act:
- No statutory maximum on deposit amount
- Landlords must return the deposit within 30 days after the tenant moves out
- An itemized list of deductions must be provided
- If the landlord fails to return the deposit or provide an itemized list, the tenant may recover up to 3x the withheld amount plus attorney fees
South Dakota
Primary statute: SDCL § 43-32-6.1 — Security Deposits
South Dakota has basic security deposit rules:
- Maximum deposit is 1 month's rent (unless special conditions warrant a higher deposit, with written justification)
- Landlords must return the deposit within 2 weeks (14 days) of lease termination and receipt of forwarding address
- Landlords must provide an itemized list of deductions
- If the landlord fails to return the deposit within the time frame, the tenant may recover the deposit plus penalties
- South Dakota does not require deposits to accrue interest
Tennessee
Primary statute: TCA § 66-28-301 — Security Deposit Requirements
Tennessee regulates security deposits under the Uniform Residential Landlord and Tenant Act:
- Maximum deposit: no statutory maximum for security deposits in Tennessee
- Landlords must hold the deposit in an account at a Tennessee banking institution
- Deposit must be returned within 30 days after the tenant moves out (or within 10 days if the landlord is the sole owner of 25 or fewer units)
- An itemized written list of damages must be provided if any amount is withheld
- Allowed deductions: unpaid rent, damage beyond normal wear and tear
- If the landlord wrongfully withholds the deposit, the tenant may recover the deposit plus a penalty
- Tenants must provide a forwarding address in writing to receive the deposit
Texas
Primary statute: Tex. Prop. Code § 92.103
Texas requires deposit return within 30 days of forwarding-address delivery — bad-faith withholding triggers $100 + 3× the wrongfully withheld amount + attorney fees, plus total forfeiture under § 92.109(b) if no itemized list is sent.
Full Texas guide →Utah
Primary statute: Utah Security Deposit Requirements — Utah Code § 57-17-3
Utah has basic security deposit rules:
- There is no statutory maximum on security deposit amounts
- Landlords must return the deposit within 30 days of lease termination (or 15 days if no deductions)
- Landlords must provide an itemized list of deductions
- If the landlord fails to return the deposit or provide an itemization, the tenant may recover the deposit plus $100 in damages
- Utah does not require deposits to be held in a separate account or accrue interest
Vermont
Primary statute: 9 V.S.A. § 4461 — Vermont security deposit requirements and return
Vermont has strong security deposit protections:
- There is no statutory maximum on security deposit amounts (though excessive deposits may be challenged)
- Landlords must return the deposit within 14 days of move-out
- Landlords must provide an itemized statement of deductions
- If the landlord fails to return the deposit within 14 days, the tenant may recover the deposit plus damages
- Vermont requires landlords to hold deposits in escrow accounts
Virginia
Primary statute: Va. Code § 55.1-1226(A) (45-day return + written itemization)
Virginia gives landlords 45 days to return the deposit with a written itemization (Va. Code § 55.1-1226(A)) — a bare check without itemization is statutorily defective.
Full Virginia guide →Washington
Primary statute: RCW 59.18.280
Washington has detailed security deposit rules under the RLTA:
- Washington does not set a maximum security deposit amount (it is negotiable), but deposits must be reasonable
- Landlords must provide a written checklist of the property's condition at move-in AND move-out
- Deposits must be held in a trust account at a Washington bank or with a licensed escrow agent, and tenants must be notified of the account location
- Landlords must return the deposit within 21 days after the tenant moves out
- A written, itemized statement of deductions must be provided if any portion is withheld
- If the landlord fails to return the deposit or provide an itemized list within 21 days, the landlord is liable for the full deposit amount (the tenant may recover up to 2x the deposit in court)
West Virginia
Primary statute: W. Va. Code § 37-6A-1 et seq. — Security deposit requirements
West Virginia has one of the longest security deposit return periods in the nation:
- Landlords must return the deposit within 60 days after lease termination and move-out
- There is no statutory maximum on security deposit amounts in West Virginia
- Landlords must provide a written itemized statement of deductions
- If the landlord wrongfully withholds the deposit, tenants may recover the deposit plus damages in court
- West Virginia does not require landlords to hold deposits in a separate account or pay interest
Wisconsin
Primary statute: Wis. Stat. § 704.28 — Security Deposit Return
Wisconsin has detailed security deposit regulations under the state's ATCP (Agriculture, Trade and Consumer Protection) rules:
- Maximum deposit: no statutory maximum for security deposits in Wisconsin
- Landlords are not required to hold the deposit in a separate account, but must keep records
- Deposit must be returned within 21 days after the tenant moves out
- An itemized statement of deductions must be provided if any amount is withheld
- Landlords must conduct a move-in and move-out check-in sheet (ATCP 134.06) — failure to do so limits the landlord's ability to claim deductions
- Allowed deductions: unpaid rent, damage beyond normal wear and tear (as documented)
- If the landlord fails to comply, the tenant may recover double the amount wrongfully withheld
Wyoming
Primary statute: Wyo. Stat. § 34-2-129 — security deposit return (30 days) and itemization
Wyoming has basic security deposit rules:
- There is no statutory maximum on security deposit amounts
- Landlords must return the deposit within 30 days of lease termination (or within 15 days of receiving the tenant's forwarding address, whichever is later, but no later than 30 days after termination)
- Landlords must provide an itemized list of deductions
- Wyoming does not require deposits to be held in a separate account or accrue interest
- Tenants can sue for wrongful withholding of the deposit