Security Deposits
Quick answer
It varies by state. Some states cap deposits at 1–2 months' rent, while others have no statutory limit. A few states have special rules for furnished units, pet deposits, or senior tenants. Use Honestkey™'s security deposit calculator to check your state's limit.
Security deposit limits range from as little as one month's rent (California, Kansas, New York) to no limit at all (Texas, Ohio, Florida). Knowing your state's cap is essential—if your landlord charges more than the legal limit, the excess may be unenforceable.
1 month's rent:
California (as of July 2024), Kansas (unfurnished), New York, District of Columbia. 1.5 months' rent: Arizona, Kansas (furnished), Michigan, New Jersey, North Carolina (week-to-week). 2 months' rent: Alaska, Connecticut, Iowa, Maine, Maryland, Missouri, North Carolina (month-to-month+), Pennsylvania (first year), Virginia. No statutory limit: Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Mississippi, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, West Virginia, Wisconsin, Wyoming.
Some states treat pet deposits separately. For example, California prohibits any pet deposit (only an increased security deposit up to the overall cap). Other states allow additional pet deposits on top of the security deposit cap. Non-refundable pet fees are banned in some states.
A few states allow higher deposits for furnished units. Kansas allows 1.5 months' rent for furnished units versus 1 month for unfurnished. South Dakota allows higher deposits when special conditions exist.
If your landlord charged more than your state allows, you may be able to recover the excess. Some states penalize landlords for charging excessive deposits. Document what you paid and check your state's specific limit using Honestkey™'s free security deposit calculator.
Can my landlord keep my deposit for normal wear and tear?
No. In virtually every state, landlords cannot deduct from your security deposit for normal wear and tear. They can only deduct for damage beyond what is expected from ordinary use of the property.
What happens if I don't get my security deposit back?
If your landlord fails to return your deposit within the state-mandated deadline (typically 14-30 days), you can send a demand letter and then file a claim in small claims court. Many states award double or triple damages for bad-faith withholding.
Can my landlord keep my deposit for cleaning?
Only if the unit requires cleaning beyond what's considered normal. Landlords can deduct for cleaning that restores the unit to move-in condition, but they cannot charge for routine cleaning between tenants. The unit must be left in the same condition as move-in, minus normal wear and tear.
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