Security Deposit Laws by State: All 50 States (2026 Comparison)
Updated May 14, 2026LeaseHelper EditorialReference table + statute citations
Quick Answer
Security deposit law varies dramatically by state. About 20 states still impose no statutory cap on the maximum deposit (Texas, Florida, Tennessee, and others), while the other 30+ cap deposits at 1–3 months rent. Return deadlines range from 10 days (Montana, no deductions) to 60 days (Alabama, Arkansas, West Virginia). Thirteen states + DC require interest payments on deposits held over a defined period. Recent changes: Georgia (2 mo cap, July 2024), Maryland (1 mo cap, Oct 2024), and Colorado (1 mo cap, Jan 2026) all added new statutory caps. California's AB 2801 (eff. July 2025) added photo documentation requirements for deductions. Use the table below to find the rule for your state — and click any state name for an in-depth guide.
This is a state-by-state reference for the four numbers that matter most in any security deposit dispute: the maximum a landlord can collect, the deadline to return it after move-out, whether interest must be paid on the deposit, and the statute citation for verification. Each row links to the controlling state statute so you can read the source text yourself. Where we have written a deeper guide for a particular state, the state name itself is a link.
How to read this table. "Maximum Deposit" is the statutory cap on residential security deposits, not including first month's rent. "Return Deadline" is the number of days after move-out within which the landlord must return the deposit (or remaining balance after itemized deductions). "Interest Required" indicates whether the state mandates the landlord pay interest on the held deposit — "Conditional" means interest is only required when specific thresholds are met (e.g. building size, deposit amount, or length of holding period). Citations are to each state's primary landlord-tenant statute. Some states have local rules (e.g. Chicago, New York City) that impose tighter limits — these are not captured here. Always verify the current statute before acting.
Patterns across the 50 states
A few patterns help make sense of the table at a glance:
Cap vs. no cap split is shifting. Roughly 30 states + DC now impose a statutory cap; 20 states leave it to the lease. Three recent additions: Georgia (2 mo, eff. July 2024), Maryland (1 mo, eff. Oct 2024), and Colorado (1 mo, eff. Jan 2026 via HB 25-1249) all moved from "no cap" to a fixed limit. The trend is toward stricter state-level deposit limits.
The most common cap is 1 month rent — used in California (post-2024 reform), Colorado (post-2026 reform), Delaware, Hawaii, Maryland (post-2024), Massachusetts, Nebraska, New Hampshire, New Mexico, New York, Rhode Island, and DC.
The most common return deadline is 30 days. 22 states use 30 days. Faster: Montana (10), Alaska/Arizona/Hawaii/NE/NY/SD/VT (14), Delaware/RI (20), Idaho/Minnesota/Wisconsin (21), California (21), Oregon (31). Slower: Indiana/Maryland/Mississippi/Oklahoma/Virginia/DC (45), Alabama/Arkansas/West Virginia (60).
Interest is the strictest area. 13 states + DC require some form of interest payment, but only 4 — Connecticut, Maryland, Massachusetts, New Jersey — require it broadly. The rest tie interest to thresholds: large buildings (NY, IL), long holding periods (NH, ND, OH, PA), or deposit size (NM).
"Allowed deductions" is universal. Every state permits deductions for (a) unpaid rent, (b) physical damage beyond normal wear and tear, and (c) cleaning costs to restore the unit. The variance is in whether the landlord must provide an itemized statement (most states yes), and what the penalty is for failing to do so (typically 2x or 3x damages plus attorneys' fees).
What happens if a landlord violates these rules?
Most states impose statutory penalties on landlords who fail to return deposits on time or who wrongfully withhold deductions. The pattern is consistent:
2x damages is the most common penalty — including Arizona, Florida, New Jersey, and Massachusetts. The tenant recovers double the amount wrongfully withheld.
3x damages applies in a smaller number of states, typically when the landlord acts in bad faith (e.g., Maryland, Tennessee, Washington).
Attorney's fees are often recoverable on top of damages, which is a significant deterrent because a $1,500 deposit dispute can easily escalate to $5,000+ in landlord liability.
Loss of the right to withhold any deductions applies in many states when the landlord misses the deadline or fails to provide an itemized statement — even legitimate damage claims may be waived.
The cheapest path is full statutory compliance: return the deposit within the deadline, provide an itemized list of deductions with receipts, and place the deposit in the correct account type if your state requires one.
Need a state-specific lease that handles deposits correctly?
LeaseHelper generates a complete residential lease with the correct security deposit clauses, return deadlines, and disclosures for your state.
Which states have no maximum security deposit limit?
As of 2026, the following states have no statutory cap on residential security deposits: Florida, Idaho, Illinois (state-wide), Indiana, Kentucky, Louisiana, Minnesota, Mississippi, Montana, Oklahoma, Oregon, South Carolina, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. Three states added caps recently: Georgia (2 months, effective July 2024), Maryland (1 month, effective October 2024), and Colorado (1 month, effective January 2026 via HB 25-1249). In no-limit states, market practice typically keeps deposits to 1–2 months rent, but landlords are not legally bound to a specific cap unless local rent control or municipal ordinance applies.
What is the shortest security deposit return deadline in the US?
Montana requires return within 10 days when no deductions are made (30 days if deductions are taken). Several states require 14 days: Alaska (no deductions), Arizona (business days), Hawaii, Nebraska, New York, South Dakota (no deductions), and Vermont.
Which states require landlords to pay interest on security deposits?
Broad interest requirements: Connecticut, Maryland (1.5%), Massachusetts (5% or bank rate), Minnesota (1%), New Jersey (market rate), and DC (prevailing rate). Conditional: Iowa (after 5 years), New Hampshire (held over 1 year), New Mexico (deposit exceeds 1 month rent), New York (6+ unit buildings), North Dakota (held over 9 months), Ohio (5% when held over 6 months and exceeds $50), Pennsylvania (held over 2 years), Illinois (25+ unit buildings, held over 6 months).
Can a landlord charge more than the state security deposit limit?
No. Statutory deposit caps are mandatory. A landlord who collects more than the legal maximum may be required to refund the excess, and many states impose double or treble damages on top of the refund. Some states (Arizona, Connecticut, Massachusetts) impose 2-3x damages plus attorney's fees. A landlord cannot waive this protection through a lease clause — any provision attempting to do so is unenforceable in most states.
Do these limits apply to commercial leases?
No. The deposit caps and return deadlines in this guide apply only to residential rental agreements. Commercial leases are governed by the contract terms themselves and general contract law, and most state landlord-tenant statutes explicitly exclude commercial tenancies from coverage.
Do these rules apply to month-to-month leases?
Yes, in nearly every state. The deposit caps and return deadlines apply to all residential rental agreements regardless of term — though a few states (North Carolina, Pennsylvania) apply different caps based on whether the tenancy is month-to-month or longer-term. Check the specific state row for nuances.
Disclaimer: This article provides general information about state landlord-tenant law and is not legal advice. Laws change; verify current statutes before acting. For complex situations, consult a licensed attorney in your jurisdiction. Last reviewed: May 14, 2026.