Security Deposit Rules by State: 13 States Compared
Last reviewed: · get-book.com
Security deposit rules are set by state law, not by your lease. The deadline for returning the money, the cap on what may be collected, the penalty for holding it too long, the small-claims limit and the filing fee all change when you cross a state line. The table below puts those figures side by side for the states this guide covers, each one carrying the statute it came from.
How to read the table
Each row is one state, and each figure is the same one published on that state’s own page — the summary and the detail read a single record, so they cannot disagree.
The return deadline is the number of days after you move out within which the landlord must either refund the deposit or send a written, itemized statement of what is being kept. Some states run a single clock; others split it, with a shorter deadline for the provisional accounting and a longer one for the final figure.
The cap is the limit on what may be collected at the start of a tenancy. Where a state has no numerical cap, the row says so rather than showing a blank, because “no cap in the statute” is itself the answer. The penalty column states what the statute does to a landlord who misses the deadline, which in several states removes the right to keep any part of the deposit.
The filing fee is given as a range on purpose: in most states the small-claims fee is set county by county and also moves with the amount claimed, so a single number would be wrong in some courthouses.
Why the numbers differ so much
Deposit law developed state by state rather than from one model act, so the differences are structural rather than cosmetic. States disagree about how long a landlord may hold the money, what the consequence of missing that deadline is, whether the cap is a multiple of rent or a flat figure, and whether local ordinances may layer a stricter rule on top.
That is why a national average is not useful, and why the row for the state where you rented is the only one that describes your situation.
What the table does not tell you
- It does not read your lease. Some terms — a required move-in inspection, a particular refund method — come from the agreement as well as the statute.
- It does not cover local ordinances. A number of cities and counties add their own cap or their own procedure on top of state law, and the state pages flag where that happens.
- It does not decide your dispute. Whether a specific deduction is legitimate turns on facts this table does not have.
- It is general information, not legal advice, and every row is dated: it shows the law as last reviewed, not as it stands today.
Is small claims court worth it for a deposit dispute?
For most deposit disputes the answer is a comparison of two numbers already in the table: the small-claims limit in your state and the fee to file. Across the states covered here the limits range from $5,000 to $20,000, while filing fees typically run from about $15 to $300 — so the cost of bringing the case is usually a small fraction of the amount at stake.
These courts are built for tenants who represent themselves, with simplified forms and procedures. A lawyer is not a prerequisite to be heard, though anyone may choose to consult one.
Where the return deadline has lapsed, the penalty column shows what the statute adds on top of the refund. In several states, simply missing the deadline forfeits the landlord’s right to keep any of the deposit at all, which can make filing worthwhile even on a smaller amount.
Deposit deadlines, caps and penalties by state
Every figure below is the one published on the state’s own page, followed by the statute it came from. On a narrow screen the table scrolls sideways.
| State | Return deadline | Deposit cap | If the deadline is missed | Penalty mechanism | Small-claims limit | Filing fee |
|---|---|---|---|---|---|---|
| CaliforniaCal. Civ. Code § 1950.5Source | 21 days after move-out | 1 month's rent, furnished or unfurnished, for deposits collected on or after July 1, 2024 (AB 12). 2 months if the owner is a natural person, or an LLC whose members are all natural persons, owning no more than 2 rental properties with 4 or fewer units in total — Cal. Civ. Code § 1950.5(c) | Up to 2× the deposit | Multiple | $12,500 | $30–$75 |
| TexasTex. Prop. Code § 92.103 | 30 days after move-out | No statutory cap — the amount is set by the lease; one month's rent is the common practice | 3× the amount withheld, plus $100 | Multiple | $20,000 | $35–$100 |
| New YorkNY Gen. Oblig. Law § 7-108Source | 14 days after move-out | 1 month's rent — GOL § 7-108(1-a). Since Nov 15, 2025 the same one-month cap covers rent-stabilized units too (S952B, GOL § 7-107) | Up to 2× the deposit | Multiple | $10,000 | $15–$20 |
| FloridaFla. Stat. § 83.49(3) | 15 days (no deductions) or 30 days (if a claim is made) | No statutory cap | Forfeits the right to keep anything | Loss of right to retain | $8,000 | $55–$300 |
| Illinois765 ILCS 710/1 (Security Deposit Return Act) | 30 days for an itemized statement · 45 days to return in full | No statewide cap. Local ordinances add limits: suburban Cook County's ordinance caps the deposit at 1.5 times the monthly rent and requires it to be held in a separate federally insured Illinois account (Cook County Code § 42-811); Chicago's ordinance imposes receipt, escrow and interest duties — check which ordinance covers your address | Up to 2× the deposit | Multiple | $10,000 | $20–$175 |
| Pennsylvania68 P.S. § 250.512 | 30 days after the lease ends or you surrender the unit | 2 months' rent in the first year of the tenancy; 1 month's rent from year 2 onward (a landlord holding more than one month at renewal must return the excess) — 68 P.S. § 250.511a | Up to 2× the amount withheld | Multiple | $12,000 | $53–$171 |
| New JerseyN.J.S.A. 46:8-21.1Source | 30 days after the lease terminates | 1.5 months' rent — N.J.S.A. 46:8-21.2 | 2× the amount wrongfully withheld | Multiple | $5,000 | $15–$50 |
| WashingtonRCW 59.18.280Source | 30 days after the tenancy ends | No statutory cap (some cities add their own limits, e.g. Seattle) — collection and move-in checklist: RCW 59.18.260; return: RCW 59.18.280 | Full deposit back, plus up to 2× | Loss of right to retain | $10,000 | $29–$75 |
| GeorgiaO.C.G.A. § 44-7-34Source | 30 days after the landlord gets possession back | 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 | Up to 3× the amount withheld | Multiple | $15,000 | $45–$75 |
| MassachusettsM.G.L. c. 186 § 15BSource | 30 days after the tenancy ends | 1 month's rent — flat, with no furnished-unit or short-lease exception (M.G.L. c. 186 § 15B(1)(b)). First month's rent, last month's rent and the cost of a new lock may be collected separately, so move-in cash can still total about three months' rent | Up to 3× the deposit | Multiple | $7,000 | $40–$150 |
| ColoradoColo. Rev. Stat. § 38-12-103Source | 30 days after the termination of the lease or the surrender and acceptance of the premises, whichever occurs last | 2 months' rent — Colo. Rev. Stat. § 38-12-102.5 | 3× the amount wrongfully withheld, plus attorney fees and court costs | Multiple | $7,500 | $31–$55 |
| NevadaNev. Rev. Stat. § 118A.242Source | 30 days after the termination of the tenancy | 3 months' rent — Nev. Rev. Stat. § 118A.242(1) (deposit, surety bond and last month's rent combined) | the entire deposit, plus up to that amount again as fixed by the court | Multiple | $10,000 | $66–$196 |
| North CarolinaN.C. Gen. Stat. § 42-52Source | 30 days after the end of the tenancy and the landlord's receipt of possession of the premises | 1.5 months' rent month-to-month; 2 weeks' rent week-to-week; 2 months' rent for longer terms — G.S. § 42-51(b) | forfeits the right to keep any part of the deposit — no statutory multiple | Loss of right to retain | $10,000 | $96 |
Common questions
- Which states are in this table?
- Every state this guide currently publishes a page for — the state name in each row links to that page. A state is added only after its statute has been read first-hand and reviewed, which is why the list grows more slowly than it could.
- Is the deposit cap always a number of months of rent?
- No. Many states express the cap as a multiple of one month’s rent, but some vary it with whether the unit is furnished or the tenancy runs month to month, some set a flat figure, and some set no numerical cap at all. The cap column uses the statute’s own wording rather than converting everything into months of rent, because those distinctions are what the rule turns on.
- Why is the filing fee a range instead of one number?
- Because in most states the small-claims filing fee is set county by county and also moves with the amount claimed. A single figure would be wrong in some courthouses, so the table gives the range a tenant is most likely to be charged and the state page breaks the variation down.
- Is this legal advice?
- No. This page is general information about how state deposit statutes differ, with a citation for every row. It is not a substitute for advice about your own facts, and we are not a law firm. Laws change and county practice varies — for your own case, consult a licensed attorney.
Related guides
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.