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.