Security deposits are one of the most contested areas of landlord-tenant law. Renters often don't know their rights; landlords sometimes don't know the limits. Here's a practical breakdown of the rules in the most populous states.
What Security Deposits Are For
Security deposits are held by landlords to cover:
- Unpaid rent at the end of tenancy
- Damage to the unit beyond normal wear and tear
- Cleaning costs if the unit is left in significantly worse condition than at move-in
Normal wear and tear — paint fading, carpet worn by normal use, minor scuffs — cannot be deducted. A landlord cannot charge for repainting because you lived there for 3 years; paint wears naturally over time.
State-by-State Security Deposit Limits
California
Maximum: 1 month's rent (as of April 1, 2024, per AB 12). Return deadline: 21 days after move-out.
New York
Maximum: 1 month's rent. Return deadline: 14 days with itemized statement.
Texas
No statutory limit on deposit amount. Return deadline: 30 days after surrender of the property.
Florida
No statutory limit on deposit amount. Return deadline: 15 days (if no deductions) or 30 days (if claiming deductions, with written notice).
Illinois
No statewide limit, but Chicago's RLTO requires deposits to be held in interest-bearing accounts and caps total amount. Return deadline: 30 days (14 days if deductions with itemized list).
Washington
No statutory limit. Return deadline: 21 days (with itemized statement).
Colorado
Maximum: 2 months' rent. Return deadline: 30 days (60 days if stated in lease).
North Carolina
Maximum: 2 months' rent for month-to-month; 2 months' rent for longer leases. Return deadline: 30 days.
Georgia
No statutory limit. Return deadline: 30 days.
Arizona
Maximum: 1.5 months' rent. Return deadline: 14 business days.
What Landlords Can and Cannot Deduct
Allowable deductions:
- Unpaid rent
- Significant cleaning (beyond what a normal end-of-tenancy clean would cost)
- Damage from pets, children, or accidents that goes beyond normal wear
- Broken windows, holes in walls, damaged appliances
Not allowable deductions:
- Normal wear and tear on paint, carpet, or flooring
- Pre-existing damage documented at move-in
- Replacing items that were already old or worn when you moved in
Protecting Your Deposit as a Renter
- Do a thorough move-in walkthrough and document everything with photos/video
- Email your documentation to the landlord the day you move in
- Return the unit in the same condition, minus normal wear
- Clean thoroughly before your final inspection
- Get your forwarding address to the landlord in writing
- Follow up in writing if your deposit isn't returned on time
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