How much can a landlord charge for a security deposit?
Last reviewed: · get-book.com
Some states cap a security deposit at one or two months’ rent. Others set no statewide ceiling at all. Where a cap exists it comes from statute, and it usually caps only the deposit itself — several states still let a landlord collect first and last month’s rent on top. These are the limits for the ten states this guide covers, each with its source.
The caps we can state with a citation
Every figure below comes from the statute named beside it. Where no cap exists, that is itself a fact about the law, not something we left out:
- California — 1 month’s rent, furnished or unfurnished, for deposits collected on or after July 1, 2024 (AB 12). A landlord who is a natural person (or an LLC whose members are all natural persons) and owns no more than 2 rental properties with 4 or fewer units in total may charge 2 months. Cal. Civ. Code § 1950.5(c).
- Texas — no statutory cap. One month’s rent is the common practice; the amount is agreed in the lease, not fixed by statute.
- New York — 1 month’s rent; rent-stabilized units are covered too since November 15, 2025 (S952B). NY Gen. Oblig. Law § 7-108(1-a), § 7-107.
- Florida — no statutory cap. Fla. Stat. § 83.49 governs how a deposit is held and returned, not how much may be collected.
- Illinois — no statewide cap. Local ordinances add limits: suburban Cook County’s ordinance caps the deposit at 1.5 months’ rent, and Chicago’s ordinance imposes receipt, escrow and interest duties.
- Pennsylvania — 2 months’ rent in the first year of the tenancy, dropping to 1 month from year 2 onward; a landlord holding more than one month at renewal must return the excess. 68 P.S. § 250.511a.
- New Jersey — 1.5 months’ rent. N.J.S.A. 46:8-21.2.
- Washington — no statutory cap. RCW 59.18.260 governs collection and the move-in checklist; RCW 59.18.280 governs the return.
- Georgia — 2 months’ rent, for leases entered into or renewed on or after July 1, 2024 (HB 404, the Safe at Home Act). O.C.G.A. § 44-7-30.1.
- Massachusetts — 1 month’s rent, with no furnished-unit or short-lease exception. First month’s rent, last month’s rent and the cost of a new lock may be collected separately. M.G.L. c. 186 § 15B(1)(b).
What “no cap” really means
Texas, Florida, Illinois and Washington set no statewide ceiling, so a landlord there may ask for more than one month’s rent. That is not unlimited discretion: the amount still has to be agreed in the lease you sign, and it still has to be returned under the deadline rules that apply in that state.
A few cities and counties layer their own rule on top of state law — suburban Cook County’s ordinance, for example, caps the deposit at 1.5 months’ rent. Local rules are worth checking whenever the rental sits inside a large city, because the local cap can be the one that binds.
Why the cap matters to your claim
If a landlord collected more than your state allows, that over-collection is a separate problem from failing to return the deposit, and in some states it carries its own remedy. Keep the lease and the payment record: what was lawful to collect and what must now be returned are two different questions, decided by two different rules.
Common questions
- Can my landlord raise the deposit in the middle of my lease?
- A deposit is agreed when you sign. A mid-lease increase changes the lease, which normally requires your agreement — and it can never exceed the statutory cap for your state.
- Does a pet deposit count toward the cap?
- It varies by state. Some states fold pet deposits into the same cap, others treat them separately, and some limit what may be called a “deposit” at all. Read the definition in your state’s statute rather than assuming, and check whether a “pet rent” is labelled as rent or as a deposit.
- Is this legal advice for my situation?
- No. This page is general information about how deposit caps work, with sources. It is not tailored to your facts and we are not a law firm.
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This page is general information for a general audience and is not legal advice. It is not tailored to your situation and we are not a law firm. Laws change and vary by county — for your own situation, consult a licensed attorney.