Security deposit laws by state: return deadlines, caps, and penalties
In most states a landlord has 14 to 30 days after the tenancy ends to return the security deposit with a written, itemized statement of anything withheld. Among the 50 states the range runs from 10 days in Montana when nothing is deducted to 60 days in Alabama, Arkansas, and West Virginia. The District of Columbia runs a two-step clock that can take longer.
The deadline is set by state statute, not by the lease. In many states the landlord loses the right to keep any of the deposit once it passes, and two or three times the amount withheld is a common penalty.
How long does a landlord have to return a security deposit?
Deadlines run from the end of the tenancy and the return of possession unless the statute says otherwise, and some states start the clock only once the landlord has the tenant's forwarding address.
| State | Deadline to return the deposit and itemization |
|---|---|
| Alabama | 60 days |
| Alaska | 14 days; 30 days with deductions or improper notice |
| Arizona | 14 business days |
| Arkansas | 60 days |
| California | 21 days |
| Colorado | 1 month, up to 60 days if the lease says so |
| Connecticut | 21 days, or 15 days after the forwarding address, whichever is later |
| Delaware | 20 days |
| District of Columbia | 45 days to refund or give notice of intent to withhold, then 30 days for the balance |
| Florida | 15 days if no claim; 30 days to mail notice of a claim |
| Georgia | 30 days |
| Hawaii | 14 days |
| Idaho | 21 days if none is agreed; 30 days maximum |
| Illinois (5 or more units) | Itemize in 30 days; refund in 45 |
| Indiana | 45 days |
| Iowa | 30 days |
| Kansas | 30 days |
| Kentucky | No single countdown; written list of damages, plus a 60-day unclaimed-deposit rule |
| Louisiana | 1 month |
| Maine | 30 days written lease; 21 days tenancy at will |
| Maryland | 45 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Minnesota | 21 days |
| Mississippi | 45 days |
| Missouri | 30 days |
| Montana | 10 days with no deductions; 30 days with them |
| Nebraska | 14 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| New York | 14 days |
| North Carolina | 30 days; interim at 30 and final at 60 if undetermined |
| North Dakota | 30 days |
| Ohio | 30 days |
| Oklahoma | 45 days after termination, possession, and written demand |
| Oregon | 31 days |
| Pennsylvania | 30 days |
| Rhode Island | 20 days from the latest of termination, possession, or forwarding address |
| South Carolina | 30 days |
| South Dakota | 14 days |
| Tennessee | No single countdown; inspection and written itemization required, plus a 60-day unclaimed-refund rule |
| Texas | 30 days |
| Utah | 30 days, or 15 days after you get a forwarding address, whichever is later |
| Vermont | 14 days |
| Virginia | 45 days |
| Washington | 30 days |
| West Virginia | 60 days, or 45 days after a new tenant moves in |
| Wisconsin | 21 days |
| Wyoming | 30 days, or 15 days after the forwarding address, whichever is later; 60 with damage |
Is there a legal cap on the security deposit?
More than half the states cap the deposit. Figures below are in months of rent unless noted, and several of these states allow an extra amount for a pet on top. If a state is missing, read its statute before assuming no limit applies.
| State | Maximum security deposit |
|---|---|
| Alabama | 1 month, with exceptions for pets and added risk |
| Alaska | 2 months; no cap where rent is over $2,000 a month |
| Arizona | 1.5 months |
| Arkansas | 2 months (landlords with six or more units) |
| California | 1 month; 2 for a natural-person owner of two properties, four units or fewer |
| Connecticut | 2 months; 1 if the tenant is 62 or older |
| Delaware | 1 month for leases of a year or more, plus a 1-month pet deposit |
| District of Columbia | 1 month |
| Hawaii | 1 month, plus one more for a pet |
| Iowa | 2 months |
| Kansas | 1 month unfurnished, 1.5 furnished, plus half a month for pets |
| Maine | 2 months |
| Maryland | 1 month for leases entered on or after October 1, 2024 |
| Massachusetts | 1 month |
| Michigan | 1.5 months |
| Missouri | 2 months |
| Nebraska | 1 month, plus a pet deposit of up to one-fourth of a month |
| Nevada | 3 months |
| New Hampshire | $100 or 1 month, whichever is greater; some single-family and small owner-occupied rentals are outside the statute |
| New Jersey | 1.5 months |
| New Mexico | 1 month for terms of less than a year |
| New York | 1 month |
| North Carolina | 2 weeks week to week, 1.5 months month to month, 2 months longer |
| North Dakota | 1 month; 2 after a felony conviction or a prior lease judgment, plus a pet deposit |
| Pennsylvania | 2 months in the first year, 1 after that |
| Rhode Island | 1 month |
| South Dakota | 1 month, unless more is agreed for special conditions endangering the premises |
| Virginia | 2 months |
Texas, Florida, Georgia, Illinois, Ohio, Colorado, Oregon, and Wisconsin set no statutory maximum, so there the deposit is whatever the lease says.
What can be deducted: damage or normal wear and tear?
A landlord can deduct unpaid rent, charges the lease makes the tenant responsible for, and the cost of repairing damage the tenant caused, but not ordinary wear and tear. Georgia says it directly: "No security deposit shall be retained to cover ordinary wear and tear ... provided that there was no negligence, carelessness, accident, or abuse of the premises by the tenant ..." Washington uses the phrase "wear resulting from ordinary use."
- Wear and tear, not deductible: faded paint, small nail holes, carpet worn thin in the traffic lanes, an appliance that aged out.
- Damage, deductible: a hole punched in a wall, a cracked window, pet urine through the carpet pad, burns in a countertop.
- Cleaning: a permitted cleaning charge returns the unit to move-in condition, not to a better one.
What has to be in the itemized statement?
Keep any part of the deposit and nearly every state wants a written statement listing each deduction and its reason, inside the refund deadline. In several states it is what creates the right to withhold:
- Hawaii: without the required written notice within 14 days, the landlord is not entitled to retain any part of the deposit.
- Florida: miss the 30-day notice of intent to impose a claim and the claim against the deposit is forfeited, though you can still sue for damages.
- Washington: the statement must include copies of the estimates received or the invoices paid.
What is the penalty for wrongfully withholding a deposit?
Often two or three times the amount withheld, plus attorney fees:
| State | Penalty for wrongful withholding |
|---|---|
| Massachusetts | Three times the deposit, plus interest and fees |
| Texas | $100 plus three times the portion withheld, plus fees, for bad faith |
| Colorado | Treble the amount withheld for willful retention, after seven days' notice |
| Maryland | Up to threefold the withheld amount where there was no reasonable basis |
| Illinois | Twice the deposit, plus costs and fees |
| Ohio | Double the amount withheld, plus fees |
| Delaware | Double the amount withheld |
| Oregon | Twice the amount withheld |
How should a landlord close out a tenancy?
The deposit case is won at move-in. Take a written checklist signed by both of you and photos of every room and floor, then repeat them the day the keys come back. Washington bars keeping any of the deposit without a signed move-in checklist.
Deducting unpaid rent means knowing the exact number. RentMerchant keeps every invoice, every online rent payment, and every cash or check payment you record against an invoice in one ledger, so the delinquency and rent roll reports give you a figure for the statement. If rent collection is still on paper, start with collecting rent online.
What can a renter do if the deposit is not returned?
Send a short written demand by a method that gives proof of delivery: your forwarding address, the date you handed back possession, the amount owed, and your state's deadline. Ask for the itemized statement if you never got one; in many states its absence is itself the violation.
If that goes nowhere, small claims court is the normal next step. Renters who would rather have a dated payment record from the start can tell us about their landlord, and we will review the request and follow up.
Related reading: late rent fee laws by state and how to handle late rent.
This article is general information, not legal advice. Deposit statutes are amended regularly and some cities add their own rules, so confirm the current law in your state or ask a local attorney.
Frequently asked questions
How long does a landlord have to return a security deposit?
It depends on the state, and most fall between 14 and 30 days after the tenancy ends. Among the 50 states the shortest is Montana at 10 days when nothing is deducted, and the longest are Alabama, Arkansas, and West Virginia at 60 days. New York, Hawaii, Vermont, Nebraska, and South Dakota use 14 days, Arizona uses 14 business days, California, Minnesota, Wisconsin, and Connecticut use 21 days, and Maryland, Virginia, Indiana, Mississippi, and Oklahoma use 45 days. The District of Columbia runs a two-step clock: 45 days to refund the deposit or give notice of intent to withhold, then a further 30 days to deliver the balance and the itemization. Kentucky and Tennessee set no single statutory countdown.
What can a landlord deduct from a security deposit?
Unpaid rent, unpaid charges the lease makes the tenant responsible for, and the cost of repairing damage the tenant caused. A landlord cannot deduct for ordinary wear and tear. Where a state allows a cleaning charge, it is to return the unit to its move-in condition, not to leave it cleaner than the tenant found it.
What is the difference between normal wear and tear and damage?
Wear and tear is deterioration from ordinary living: faded paint, small nail holes, carpet worn thin in traffic lanes, an appliance that aged out. Damage is harm beyond that: a hole punched in a wall, a cracked window, pet urine through the carpet pad, burns or gouges in a countertop. Georgia's statute bars retaining a deposit to cover ordinary wear and tear, provided there was no negligence, carelessness, accident, or abuse of the premises by the tenant, and Washington uses the phrase wear resulting from ordinary use.
What happens if a landlord does not return the deposit on time?
In many states the landlord forfeits the right to keep any of it and must return the full amount. Statutory penalties are often added on top: Massachusetts allows three times the deposit plus interest and fees, Texas allows $100 plus three times the portion withheld plus attorney fees for bad faith, Colorado and Maryland allow treble damages, and Illinois, Delaware, Ohio, and Oregon allow double. Not every state works that way, so read the statute that applies to you.
Is there a limit on how much a landlord can charge for a security deposit?
More than half the states cap it. One month's rent is the cap in New York, Massachusetts, Alabama, Rhode Island, Nebraska, Hawaii, and Washington DC, in California since July 2024 with a narrow exception for small owners, and in Maryland for leases entered on or after October 1, 2024. Arizona, New Jersey, and Michigan use 1.5 months; Virginia, Maine, Iowa, and Missouri use two months; Nevada allows three. North Carolina varies by lease term, and Alabama, North Dakota, Kansas, Nebraska, Hawaii, and Delaware allow an additional amount for pets. Texas, Florida, Georgia, Illinois, Ohio, and Colorado set no statutory maximum.
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