Security Deposit Rules by State (2026 Guide)

What's on this page

• The short answer
• Start with the property location
• Security deposit rules by state
• Verified detail, jurisdiction by jurisdiction
• What to do after you find your state's rule
• Permitted deductions and the proof behind them
• Exceptions and local overlays that can change the result
• Which landlord situation are you in?
• Choosing deposit tools and help at a glance
• Frequently asked questions
• Methodology, verification, and update policy
• About this page
• Your next step

The short answer

Security deposit rules are set by the state where the property sits, and a city or county can tighten them further. There is no national figure, and any single chart presenting one is contradicted by other charts on the same states — we document three live contradictions below.

This page publishes verified rule detail for thirteen states — California, Texas, New York, Florida, Massachusetts, Ohio, Illinois, Georgia, North Carolina, Michigan, Washington, Arizona, and Virginia — plus one worked municipal overlay in Portland, Oregon. For every other state and the District of Columbia it names the governing statute and links the official code repository, which tells you where the answer lives without telling you what the answer is.

Before you collect, hold, or withhold any deposit money, confirm three things for your property's jurisdiction: the amount limit, the holding method, and the move-in documentation. The return trigger, deadline, and itemization rules apply at move-out, but they belong on a calendar now — in several states, missing the deadline forfeits the whole deduction no matter what condition the unit was in. If the scope is unclear, the amount in dispute is large, or the tenancy is subsidized or rent-regulated, get a landlord-tenant attorney or local legal aid involved before you act.

Security deposit rules vary by state: start with the property location

The headline rule is rarely the whole answer. A state may cap the amount, require a separate or interest-bearing account, mandate move-in documentation, limit what you can deduct, or set a strict deadline and delivery method for the refund and its itemized statement. California, for example, requires the itemized statement and any remaining balance within 21 calendar days after the tenant vacates, and since 2025 has required photographs to support repair and cleaning deductions (Cal. Civ. Code § 1950.5; checked August 10, 2026). A city or county can add stricter requirements on top of the state rule. Local ordinances, small-landlord or owner-occupied exceptions, seasonal tenancies, and subsidized-housing program rules apply only in some cases — your state's statute says whether they apply to you.

Where to start depends on where you are in the tenancy:

• Setting a deposit for a new lease — start with your state's statute and its official code source in the table below. The property's state controls, not your own state of residence.
• Tenant has given notice or already moved out — go straight to the security deposit return deadline and the rules on itemized deductions. The clock may already be running, and in several states missing it forfeits the whole deduction.
• Property sits in a city or county with its own rental ordinances, or in a subsidized or rent-regulated program — treat the state rule as a floor rather than the final answer.
• You have not confirmed scope, the local overlay, and the holding and documentation rules — do not collect, hold, or withhold any deposit money yet. Get a landlord-tenant attorney or local legal aid involved if the scope is unclear, the amount in dispute is large, or the tenancy is subsidized or rent-regulated.

Does this page apply to your rental? This guide covers residential long-term rentals in the 50 states and the District of Columbia. Within a state, scope still matters: property type, unit count, owner-occupancy, lease length, and program status can each change which rule applies, and some tenancies fall outside the deposit statute entirely. Illinois is the clearest example — its Security Deposit Return Act reaches residential property containing five or more units, so a landlord with a duplex is outside it. A lease template, a listing platform's workflow, or a prior property manager's habit does not override the statute, and a stricter private lease term only binds where the law allows it. If you are still deciding whether a long-term lease is the right use of the property at all, settle that first with our airbnb vs. long-term rental comparison — this page assumes you are leasing long term.

The Five-Field Row Read

Five fields in your state's deposit statute decide most of the workflow. We call this the Five-Field Row Read, and it is the order the rest of this page follows.

Field	What it decides
Deposit cap	The most you may collect, and whether pet money or prepaid rent counts toward it
Holding and interest	Whether a separate account, in-state bank, bond, disclosure, or interest payment is required
Move-in proof	Whether a condition statement, inspection, photographs, or receipt is mandatory — and on what timeline
Return trigger and deadline	What starts the refund clock, how many days you have, and how delivery must happen
Itemization and penalty	What the deduction statement must contain, and what it costs you if you get it wrong

If you are setting up the whole tenancy rather than just the deposit, the broader sequence lives in how to rent out your house.

Security deposit rules by state

Coverage status as of August 10, 2026. This page covers the 50 states and the District of Columbia at two depths and labels which is which. Thirteen states carry verified rule detail because we have read their deposit provisions in the current codified source: California, Texas, New York, Florida, Massachusetts, Ohio, Illinois, Georgia, North Carolina, Michigan, Washington, Arizona, and Virginia. Portland, Oregon is published as a worked municipal overlay. For every other jurisdiction, the register below names the governing statute and links its code repository. That is a routing tool, not a verified rule. We publish a row's figures only when every consequential value is confirmed against the current codified source. We do not fill gaps from secondary summaries, and we do not publish partial rows without labeling the gap.

Why this page does not publish a 50-state figure table yet

The reason is a source conflict worth knowing about before you rely on any deposit chart, including the ones that rank above this page. Three examples, all checked on August 10, 2026, all naming the source so you can see the disagreement for yourself:

• Georgia's cap. Rentable's Georgia guide states that Georgia law does not cap deposits. It does. The Safe at Home Act added O.C.G.A. § 44-7-30.1, effective July 1, 2024, which bars a landlord from demanding or receiving a deposit exceeding two months' rent for leases entered into or renewed on or after that date (HB 404 as signed).
• California's cap. One California management guide states that the maximum for most unfurnished units is two months' rent "as of 2026." Civil Code § 1950.5 as amended by AB 12 has capped most tenancies at one month's rent since July 1, 2024, subject to a narrow small-landlord exception that does not reach active-duty service members.
• Massachusetts and furnished units. One national summary states that a Massachusetts landlord may collect one month's rent plus an additional amount based on the value of the furnishings. General Laws ch. 186, § 15B(1)(b) sets the security deposit at an amount equal to the first month's rent and adds no furnishings allowance.

Where sources conflict, the codified statute governs and the summary does not — which is why the register below sends you to the code rather than repeating a figure we have not read. A published row on this page has to clear five tests: the unit the figure is expressed in, the jurisdiction it applies to, the effective date of the provision, a direct link to the official source, and the date we checked it. A figure that cannot meet all five does not publish, and a blank cell never stands in for "no requirement." Two reading rules go with that. "No statutory cap found" is not the same as "unlimited" — city or county rules, program rules, fair-housing consistency, and the lease itself still constrain the amount. And several states run two different clocks depending on whether you claim against the deposit, so read the return provision all the way through rather than stopping at the first number.

Find your state's governing statute and official code source

Open the repository for your jurisdiction and search the section number in your row. Citations were cross-checked against Nolo's index of state security deposit statutes; repository links were assembled from PublicLegal's register of official U.S. state law repositories. The Source status column states what each link actually is and repeats, row by row, whether figures were verified, because several states publish their code through a commercial host under contract rather than on a legislature site. Link resolution was spot-checked rather than exhaustive on August 10, 2026 — the Alabama entry was corrected that day after the previous link was found pointing to a superseded legacy path. Treat a broken link as a signal to search the jurisdiction's own legislature site directly, and confirm the section heading reads as a security-deposit provision when you open it. Statute numbering changes between legislative sessions.

Jurisdiction	Governing security-deposit statute	Code source	Source status
Alabama	Ala. Code § 35-9A-201	Code of Alabama	Official state code — routing only, no figures verified
Alaska	Alaska Stat. § 34.03.070	Alaska Statutes	Official state code — routing only, no figures verified
Arizona	Ariz. Rev. Stat. § 33-1321	Ariz. Rev. Stat. § 33-1321	Official state code — figures verified below
Arkansas	Ark. Code §§ 18-16-301 to 18-16-305	Arkansas Code	Commercial host (state-contracted) — routing only, no figures verified
California	Cal. Civ. Code § 1950.5	California Civil Code § 1950.5	Official state code — figures verified below
Colorado	Colo. Rev. Stat. §§ 38-12-102 to 38-12-106	Colorado Revised Statutes	Commercial host (state-contracted) — routing only, no figures verified
Connecticut	Conn. Gen. Stat. § 47a-21	Connecticut General Statutes	Official state code — routing only, no figures verified
Delaware	Del. Code tit. 25, §§ 5311, 5514	Delaware Code	Official state code — routing only, no figures verified
District of Columbia	D.C. Code §§ 42-3502.17, 42-3505.10; 14 DCMR §§ 308–311	District of Columbia Code	Commercial host (contracted) — routing only, no figures verified
Florida	Fla. Stat. § 83.49	Florida Statutes § 83.49	Official state code — figures verified below
Georgia	O.C.G.A. §§ 44-7-30.1 to 44-7-37	Official Code of Georgia Annotated	Commercial host (state-contracted) — figures verified below
Hawaii	Haw. Rev. Stat. § 521-44	Hawaii Revised Statutes	Official state code — routing only, no figures verified
Idaho	Idaho Code § 6-321	Idaho Code § 6-321	Official state code — routing only, no figures verified
Illinois	765 ILCS 710/1; 765 ILCS 715/1 to 715/3	Security Deposit Return Act, 765 ILCS 710	Official state code — figures verified below
Indiana	Ind. Code §§ 32-31-3-9 to 32-31-3-19	Indiana Code	Official state code — routing only, no figures verified
Iowa	Iowa Code § 562A.12	Iowa Code	Official state code — routing only, no figures verified
Kansas	Kan. Stat. §§ 58-2548, 58-2550	Kansas Statutes	Official state code — routing only, no figures verified
Kentucky	Ky. Rev. Stat. § 383.580	Kentucky Revised Statutes	Official state code — routing only, no figures verified
Louisiana	La. Rev. Stat. § 9:3251	Louisiana Revised Statutes	Official state code — routing only, no figures verified
Maine	Me. Rev. Stat. tit. 14, §§ 6031 to 6038	Maine Revised Statutes	Official state code — routing only, no figures verified
Maryland	Md. Code, Real Prop. §§ 8-203, 8-203.1	Maryland Code	Commercial host (state-contracted) — routing only, no figures verified
Massachusetts	Mass. Gen. Laws ch. 186, § 15B	Massachusetts General Laws ch. 186, § 15B	Official state code — figures verified below
Michigan	Mich. Comp. Laws §§ 554.602 to 554.616	Mich. Comp. Laws § 554.602	Official state code — figures verified below
Minnesota	Minn. Stat. § 504B.178	Minnesota Statutes	Official state code — routing only, no figures verified
Mississippi	Miss. Code § 89-8-21	Mississippi Code	Commercial host (state-contracted) — routing only, no figures verified
Missouri	Mo. Rev. Stat. § 535.300	Missouri Revised Statutes	Official state code — routing only, no figures verified
Montana	Mont. Code §§ 70-25-101 to 70-25-206	Montana Code Annotated	Official state code — routing only, no figures verified
Nebraska	Neb. Rev. Stat. § 76-1416	Nebraska Revised Statutes	Official state code — routing only, no figures verified
Nevada	Nev. Rev. Stat. §§ 118A.240 to 118A.250	Nevada Revised Statutes	Official state code — routing only, no figures verified
New Hampshire	N.H. Rev. Stat. §§ 540-A:5 to 540-A:8; 540-B:10	New Hampshire Revised Statutes Annotated	Official state code — routing only, no figures verified
New Jersey	N.J. Stat. §§ 46:8-19 to 46:8-26	New Jersey Statutes	Official state code — routing only, no figures verified
New Mexico	N.M. Stat. § 47-8-18	New Mexico Statutes Annotated	Official state code — routing only, no figures verified
New York	N.Y. Gen. Oblig. Law §§ 7-103, 7-107, 7-108	N.Y. General Obligations Law § 7-108	Official state code — figures verified below
North Carolina	N.C. Gen. Stat. §§ 42-50 to 42-56	N.C. Gen. Stat. ch. 42, art. 6	Official state code — figures verified below
North Dakota	N.D. Cent. Code § 47-16-07.1	North Dakota Century Code	Official state code — routing only, no figures verified
Ohio	Ohio Rev. Code § 5321.16	Ohio Rev. Code § 5321.16	Official state code — figures verified below
Oklahoma	Okla. Stat. tit. 41, § 115	Oklahoma Statutes	Official state code — routing only, no figures verified
Oregon	Or. Rev. Stat. § 90.300	Oregon Revised Statutes	Official state code — routing only, no figures verified
Pennsylvania	68 Pa. Stat. §§ 250.511a to 250.512	Pennsylvania Consolidated and Unconsolidated Statutes	Commercial host (state-contracted) — routing only, no figures verified
Rhode Island	R.I. Gen. Laws § 34-18-19	Rhode Island General Laws	Official state code — routing only, no figures verified
South Carolina	S.C. Code § 27-40-410	South Carolina Code of Laws	Official state code — routing only, no figures verified
South Dakota	S.D. Codified Laws §§ 43-32-6.1, 43-32-24	South Dakota Codified Laws	Official state code — routing only, no figures verified
Tennessee	Tenn. Code § 66-28-301	Tennessee Code	Commercial host (state-contracted) — routing only, no figures verified
Texas	Tex. Prop. Code §§ 92.101 to 92.109	Texas Property Code ch. 92, subch. C	Official state code — figures verified below
Utah	Utah Code §§ 57-17-1 to 57-17-5	Utah Code	Official state code — routing only, no figures verified
Vermont	Vt. Stat. tit. 9, § 4461	Vermont Statutes	Official state code — routing only, no figures verified
Virginia	Va. Code § 55.1-1226	Va. Code § 55.1-1226	Official state code — figures verified below
Washington	Wash. Rev. Code §§ 59.18.260 to 59.18.285	Wash. Rev. Code § 59.18.280	Official state code — figures verified below
West Virginia	W. Va. Code §§ 37-6A-1 to 37-6A-6	West Virginia Code	Official state code — routing only, no figures verified
Wisconsin	Wis. Stat. § 704.28; Wis. Admin. Code ATCP 134.06	Wisconsin Statutes	Official state code — routing only, no figures verified
Wyoming	Wyo. Stat. §§ 1-21-1207, 1-21-1208	Wyoming Legislature, Title 1, ch. 21, art. 12 — official online repository not confirmed as of August 10, 2026	Not confirmed — routing only, no figures verified

Fifty-one jurisdictions listed. Thirty-seven carry routing information only and no figures; the thirteen states with verified detail are below. One repository link is unconfirmed and labeled as such; no cell is left blank to imply "none."

Verified detail, jurisdiction by jurisdiction

These are the jurisdictions whose deposit provisions we have read in the current codified source. Every block below carries the same five fields in the same order, follows the Five-Field Row Read, and states plainly where the cited source does not answer a field. All checked August 10, 2026.

Jump to your state: Arizona · California · Florida · Georgia · Illinois · Massachusetts · Michigan · New York · North Carolina · Ohio · Texas · Virginia · Washington · Portland, Oregon

At a glance: caps, deadlines, and what missing them costs

Jurisdiction	Deposit cap	Return deadline	If you miss it
Arizona	1.5 months' rent, including prepaid rent	14 days excluding weekends and legal holidays, after termination, delivery of possession, and the tenant's demand	Twice the amount wrongfully withheld
California	1 month for most tenancies; up to 2 for a qualifying small landlord, but 1 for an active-duty service member	21 calendar days after the tenant vacates	Up to twice the security plus actual damages for bad-faith retention
Florida	No cap found in § 83.49	15 days to return if you make no claim, or 30 days to give written notice of a claim	Forfeits the right to claim against the deposit
Georgia	2 months' rent for leases entered or renewed on or after July 1, 2024	Not verified on this page — see §§ 44-7-34, 44-7-36	Not verified on this page — see § 44-7-35
Illinois	No cap found in the Act	Itemized statement within 30 days of vacating; full deposit within 45 days if no statement	Twice the deposit plus court costs and attorney's fees
Massachusetts	1 month's rent	30 days after the tenancy ends	Forfeiture, and for specified violations three times the deposit plus interest, costs, and fees
Michigan	1.5 months' rent	30 days after termination of occupancy	Not verified on this page — see MCL 554.613
New York	1 month's rent, reaching any deposit or advance	14 days after the tenant vacates	Forfeits the right to retain any portion
North Carolina	2 weeks (week-to-week), 1.5 months (month-to-month), 2 months (longer terms)	30 days after termination and delivery of possession; 60-day outer limit for undetermined claims	Not verified on this page — see §§ 42-55, 42-56
Ohio	No cap found in § 5321.16	30 days after termination and delivery of possession	Not verified on this page — see § 5321.16(C)
Texas	No cap in the deposit subchapter	On or before the 30th day after surrender, subject to the forwarding-address rule	$100 plus three times the amount wrongfully withheld plus the tenant's attorney's fees
Virginia	2 months' periodic rent, however denominated	45 days after termination or the date the tenant vacates, whichever is later	Return of the deposit plus actual damages and reasonable attorney fees for willful failure
Washington	No cap found in § 59.18.280	30 days after termination and vacation of the premises	Up to twice the deposit for intentional refusal, plus the prevailing party's costs and fees

Every figure above carries its source link, effective date where known, and check date in that jurisdiction's block below. Two of these carry no statutory cap and three impose a documentation requirement that a landlord who has only ever rented in the others would not expect. That spread is why this page routes by jurisdiction.

Arizona security deposit rules

• Deposit cap — 1.5 months' rent. The limit reaches security "however denominated, including prepaid rent," though a tenant may voluntarily pay more than 1.5 months' rent in advance. The purpose of every nonrefundable fee or deposit must be stated in writing; anything not designated nonrefundable is refundable.
• Holding and interest — No separate-account or interest requirement found in § 33-1321.
• Move-in proof — At move-in the landlord must furnish a signed copy of the lease, a move-in form for specifying existing damages, and written notice that the tenant may be present at the move-out inspection.
• Return trigger and deadline — Termination of the tenancy, delivery of possession, and the tenant's demand. Then 14 days, excluding Saturdays, Sundays, and legal holidays, to provide the itemized list and any amount due, mailed first class to the tenant's last known residence unless the tenant arranges otherwise in writing.
• Itemization and penalty — Itemized list of all deductions with the amount due. Failure to comply lets the tenant recover the money due plus damages equal to twice the amount wrongfully withheld. If the tenant does not dispute within 60 days of mailing, the itemization is deemed final.
• What this does not mean — The 14 days are business days, not calendar days, and the clock does not start until the tenant demands the deposit. Do not treat the tenant's silence as a waiver of your own deadline.
• Confirm before you act — Did you deliver the move-in form and the move-out inspection notice? Is every nonrefundable fee labeled nonrefundable in the lease? Have you recorded the date of the tenant's demand?

Verified: Ariz. Rev. Stat. § 33-1321, checked August 10, 2026.

California security deposit rules

• Deposit cap — One month's rent for most tenancies from July 1, 2024; up to two months for a qualifying small landlord, but one month for an active-duty service member regardless of the landlord's size.
• Holding and interest — No statewide separate-account or interest requirement found in § 1950.5; local rules may add one.
• Move-in proof — Photographs at or before move-in for tenancies beginning on or after July 1, 2025, under the AB 2801 amendments. Move-out and post-repair photographs have been required for all tenancies since April 1, 2025.
• Return trigger and deadline — The tenant vacates; 21 calendar days for the itemized statement and any balance. From January 1, 2026, where the tenant paid rent or the deposit electronically, the remaining deposit must be returned electronically unless the parties designate another method in writing.
• Itemization and penalty — Itemized statement, copies of supporting documents in many cases, and before-and-after photographs for repair or cleaning charges. Bad-faith retention exposes the landlord to up to twice the security plus actual damages.
• What this does not mean — The small-landlord exception does not reach active-duty service members, and cleaning deductions are limited to returning the unit to its move-in level of cleanliness rather than to a professional standard.
• Confirm before you act — Are the pre-move-in photographs on file for a tenancy that began on or after July 1, 2025? Does your refund method match how the tenant paid? Are the before-and-after photographs attached to the itemized statement?

Verified: Cal. Civ. Code § 1950.5, checked August 10, 2026. Current provisions effective July 1, 2024 (AB 12), April 1 and July 1, 2025 (AB 2801), and January 1, 2026 (AB 414). Published commentary diverges on whether the electronic-refund rule is a default obligation or a consent-gated option; read subsection (g) before choosing a refund method.

Florida security deposit rules

• Deposit cap — No cap found in § 83.49; confirm against the full section before setting an amount.
• Holding and interest — A separate Florida account, an interest-bearing arrangement, or a surety bond, each with its own conditions. Section 83.49(2) separately requires written notice to the tenant of how and where the deposit is held — read subsection (2) before relying on the holding options alone.
• Move-in proof — No move-in documentation requirement found in § 83.49.
• Return trigger and deadline — Vacating the premises for termination of the lease. Then 15 days to return the deposit if you make no claim, or 30 days to give written notice by certified mail, to the tenant's last known mailing address, of your intention to impose a claim and the reason for it.
• Itemization and penalty — The notice of intended claim must state the amount and the reason and use the statutory form. Miss the 30-day notice and you forfeit the right to impose a claim on the deposit and may not seek a setoff, though you may still file an action for damages after returning the deposit.
• What this does not mean — Two clocks are not one clock. Sending a claim notice on day 29 does not satisfy the 15-day return obligation for a tenancy where you make no claim, and the tenant then has 15 days to object before you may deduct.
• Confirm before you act — Which of the three holding arrangements are you using, and was the § 83.49(2) notice given? Which clock are you on? Do you have certified-mail proof to the last known mailing address?

Verified: Fla. Stat. § 83.49 (2025), checked August 10, 2026.

Georgia security deposit rules

• Deposit cap — Two months' rent. O.C.G.A. § 44-7-30.1, added by the Safe at Home Act, bars a landlord from demanding or receiving a deposit exceeding the equivalent of two months' rent, effective July 1, 2024 and applicable to residential leases entered into or renewed on or after that date.
• Holding and interest — Not verified on this page. Sections 44-7-31 and 44-7-32 carry the escrow-account and surety-bond provisions.
• Move-in proof — Not verified on this page; see § 44-7-33.
• Return trigger and deadline — Not verified on this page; see § 44-7-34.
• Itemization and penalty — Not verified on this page; see § 44-7-35.
• What this does not mean — The cap applies to leases entered into or renewed on or after July 1, 2024, so an older unrenewed lease may sit under prior law. Separately, § 44-7-36 exempts certain rental units from parts of the article based on how many units the owner holds and whether a third party manages them for a fee — read § 44-7-36 before assuming the escrow and itemization rules apply to you.
• Confirm before you act — Was this lease entered into or renewed on or after July 1, 2024? Does § 44-7-36 exempt your units? Have you read §§ 44-7-31 to 44-7-35 in the official code?

Partial. Cap verified: House Bill 404 as signed, § 4, checked August 10, 2026. Remaining fields not read in the official code and labeled above.

Illinois security deposit rules

• Deposit cap — No cap found in the Security Deposit Return Act.
• Holding and interest — Not verified on this page. A separate act, 765 ILCS 715, governs interest and reaches larger buildings; municipal ordinances in Chicago and other cities add their own account and notice rules.
• Move-in proof — No move-in documentation requirement found in the Act.
• Return trigger and deadline — The tenant vacates. The landlord may not withhold any part of the deposit for property damage unless, within 30 days of the date the tenant vacated, it furnishes an itemized statement of the damage and the estimated or actual cost of repairing or replacing each item, with paid receipts attached. If no such statement and receipts are furnished, the landlord must return the deposit in full within 45 days of the date the tenant vacated.
• Itemization and penalty — Where a circuit court finds that the landlord refused to supply the itemized statement, or supplied it in bad faith, and failed to return the deposit within the time limits, the landlord is liable for twice the amount of the deposit due, together with court costs and reasonable attorney's fees.
• What this does not mean — This is the scope trap that catches small Illinois landlords. The Act reaches a lessor of residential real property containing five or more units. A duplex, triplex, or fourplex owner is outside it — which means no statutory deadline protects you either, and your lease and any municipal ordinance become the operative rules.
• Confirm before you act — Does the property contain five or more units? Does your city have its own deposit ordinance? Are paid receipts attached to the itemized statement, not just estimates?

Verified with limitation: Security Deposit Return Act, 765 ILCS 710, checked August 10, 2026. The companion interest act, 765 ILCS 715, was not read.

Massachusetts security deposit rules

• Deposit cap — One month's rent. The statute also limits what may be collected at or before the start of the tenancy to the first full month's rent, the last full month's rent, and a security deposit equal to the first month's rent; § 15B(1)(b) lists the complete permitted set, so read it before adding any move-in charge.
• Holding and interest — Separate interest-bearing account in a Massachusetts bank, beyond the reach of the landlord's creditors, with a receipt naming the bank, amount, and account number.
• Move-in proof — Written statement of condition on a statutory timeline.
• Return trigger and deadline — The tenancy ends; 30 days.
• Itemization and penalty — Sworn itemized list backed by written evidence such as estimates, bills, invoices, or receipts. Conflicting lease terms are void, specified violations forfeit the deposit, and for the violations the statute names, § 15B(6) and (7) provide liability for three times the deposit plus interest, costs, and reasonable attorney's fees. Massachusetts case law holds that not every violation of the act triggers treble damages — only those the act specifically calls for.
• What this does not mean — The one-month cap is not the whole ceiling; total upfront collections are limited too. And the statute does not apply to a vacation or recreational tenancy of 100 days or less.
• Confirm before you act — Is the account in a Massachusetts bank and beyond your creditors' reach? Does the receipt name the bank, the amount, and the account number? Is the itemized damage list sworn and backed by written evidence?

Verified: Mass. Gen. Laws ch. 186, § 15B, checked August 10, 2026; amended by Acts of 2025, ch. 9, §§ 54–55, effective August 1, 2025. Treble-damage scope confirmed against the Massachusetts Trial Court Law Libraries summary.

Michigan security deposit rules

• Deposit cap — 1.5 months' rent. The statute is explicit that a deposit "shall be required and maintained in accordance with the terms of this act and shall not exceed 1 1/2 months' rent."
• Holding and interest — Not verified on this page. MCL 554.603 and 554.604 govern the holding arrangement and the notice telling the tenant where the deposit is held.
• Move-in proof — Not verified on this page; MCL 554.608 carries the inventory-checklist requirement.
• Return trigger and deadline — Termination of occupancy; 30 days to mail the itemized list of damages claimed, including the estimated cost of repair of each damaged item and the amounts and bases on which you intend to assess the tenant, accompanied by a check or money order for the difference.
• Itemization and penalty — The notice of damages must carry a specific statutory warning in 12-point boldface type at least four points larger than the body of the notice, telling the tenant to respond by mail within seven days. The list may not include damages claimed on a previous termination inventory checklist from before this tenant's occupancy. Penalty provisions not verified on this page; see MCL 554.613.
• What this does not mean — A correctly itemized list in the wrong typography is still defective. The formatting of the seven-day warning is part of the requirement, not a suggestion.
• Confirm before you act — Is the deposit at or under 1.5 months' rent? Does the damages notice carry the boldface seven-day warning at the required size? Is the check or money order enclosed with the list rather than sent separately?

Verified: Mich. Comp. Laws § 554.602 and § 554.609, checked August 10, 2026.

New York security deposit rules

• Deposit cap — One month's rent, reaching any "deposit or advance." Section 7-108 units only — § 7-107 governs rent-stabilized and rent-controlled tenancies.
• Holding and interest — Not verified on this page: §§ 7-103 and 7-107 carry the trust and holding provisions and should be read alongside § 7-108.
• Move-in proof — The landlord must offer a pre-occupancy inspection; the signed record limits later deductions.
• Return trigger and deadline — The tenant vacates; 14 days for the itemized statement and any remaining deposit.
• Itemization and penalty — Itemized statement of the basis for any amount retained. Missing the 14 days forfeits the right to retain any portion. In a dispute over the amount retained, the landlord bears the burden of proving the amount was reasonable.
• What this does not mean — Section 7-108 does not govern rent-stabilized or rent-controlled units, and renaming money does not move it outside the cap: the limit reaches a "deposit or advance," so last month's rent can still fall inside it.
• Confirm before you act — Which section governs this unit, § 7-108 or § 7-107? Was the pre-occupancy inspection offered in writing? Is day 14 from the actual surrender date on a calendar?

Verified: N.Y. Gen. Oblig. Law § 7-108, checked August 10, 2026. The one-month cap and 14-day rule date from the Housing Stability and Tenant Protection Act of 2019.

North Carolina security deposit rules

• Deposit cap — Two weeks' rent for a week-to-week tenancy, one and one-half months' rent for month-to-month, and two months' rent for terms longer than month to month.
• Holding and interest — A trust account with a licensed, federally insured depository institution or a trust institution authorized to do business in North Carolina, or a bond from a North Carolina-licensed insurance company. A trust account outside the state is permitted only if the landlord provides an adequate bond. Within 30 days after the lease term begins, the landlord must tell the tenant the name and address of the bank or institution holding the deposit, or the name of the bonding insurer.
• Move-in proof — No move-in documentation requirement found in Article 6.
• Return trigger and deadline — Termination of the tenancy and delivery of possession; 30 days to itemize any damage in writing and mail or deliver it with the balance. Where the landlord's claim cannot be determined in 30 days, an interim accounting is due at 30 days and a final accounting within 60 days.
• Itemization and penalty — Written itemization of damage, mailed or delivered with the balance. Penalty provisions not verified on this page; see §§ 42-55 and 42-56.
• What this does not mean — The 60-day outer limit is not a general extension. It applies only where the amount of the claim genuinely cannot be determined within 30 days, and the interim accounting at 30 days is still required.
• Confirm before you act — Does the deposit match the cap for this tenancy type? Was the 30-day bank or bond notice given at the start of the lease? Is the trust account with a qualifying North Carolina institution?

Verified: N.C. Gen. Stat. ch. 42, art. 6, checked August 10, 2026.

Ohio security deposit rules

• Deposit cap — No cap found in § 5321.16.
• Holding and interest — No separate-account requirement found in § 5321.16, but interest is required on part of the deposit: any security deposit in excess of $50 or one month's periodic rent, whichever is greater, bears interest on the excess at five percent per annum if the tenant remains in possession for six months or more, computed and paid annually to the tenant.
• Move-in proof — No move-in documentation requirement found in § 5321.16.
• Return trigger and deadline — Termination of the rental agreement and delivery of possession; 30 days for the written notice of any deduction, delivered with the amount due.
• Itemization and penalty — Every deduction must be itemized and identified in a written notice delivered with the amount due. Penalty provisions not verified on this page; see § 5321.16(C).
• What this does not mean — No cap does not mean no cost. The five percent interest obligation attaches to the excess above the greater of $50 or one month's rent, so a larger deposit creates an annual payment obligation most Ohio landlords do not budget for.
• Confirm before you act — Is the deposit large enough to trigger the interest rule, and has the interest been computed and paid annually? Is the 30-day clock running from delivery of possession rather than from the lease end date?

Verified: Ohio Rev. Code § 5321.16, checked August 10, 2026.

Texas security deposit rules

• Deposit cap — No cap in the deposit subchapter — which is not the same as no limit once local rules and the lease are counted.
• Holding and interest — No separate-account or interest requirement found in the subchapter.
• Move-in proof — No move-in documentation requirement found in the subchapter.
• Return trigger and deadline — The tenant surrenders the premises; on or before the 30th day, subject to the forwarding-address rule.
• Itemization and penalty — Written description and itemized list of deductions. Missing the 30th day presumes bad faith: $100 plus three times the amount wrongfully withheld plus the tenant's attorney's fees, with the landlord bearing the burden of proving the retention was reasonable.
• What this does not mean — No statutory cap does not mean unlimited. City and county rules, program rules, fair-housing consistency, and the lease still constrain the amount. And the forwarding-address rule delays the obligation rather than extinguishing it.
• Confirm before you act — Is the written forwarding-address request documented and dated? Is day 30 from surrender — not from lease end — on a calendar you will see? If your lease conditions the refund on advance notice of surrender, is that provision underlined or in conspicuous bold as § 92.103(b) requires?

Verified: Tex. Prop. Code ch. 92, subch. C, checked August 10, 2026.

Virginia security deposit rules

• Deposit cap — Two months' periodic rent. The limit reaches a deposit "however denominated," in amount or value.
• Holding and interest — No separate-account or interest requirement found in § 55.1-1226. The section does permit a tenant to provide damage insurance in lieu of a deposit under stated conditions, and a tenant who chooses that route may switch back to paying the full deposit at any time without the landlord's consent.
• Move-in proof — Not verified on this page; §§ 55.1-1214 and 55.1-1215 carry the move-in report requirements.
• Return trigger and deadline — 45 days after the termination date of the tenancy or the date the tenant vacates, whichever occurs last, for the written notice itemizing the deposit, deductions, damages, and charges, together with any amount due.
• Itemization and penalty — Written itemized notice. On request to vacate, or within five days of receiving the tenant's notice of intent to vacate, the landlord must tell the tenant in writing of the right to be present at the move-out inspection, which must happen within 72 hours of delivery of possession. Willful failure to comply means the court shall order return of the deposit plus actual damages and reasonable attorney fees, unless the tenant owes rent.
• What this does not mean — The 45 days do not run from the lease end date automatically. They run from the later of the termination date and the actual move-out, so a tenant who holds over pushes the clock forward, and a tenant who leaves early does not pull it back.
• Confirm before you act — Which date is later, termination or vacating? Was the written notice of the right to be present at the inspection sent within five days of the tenant's notice? If damages exceed the deposit and need a contractor, did you give the written notice inside the 45 days?

Verified: Va. Code § 55.1-1226, checked August 10, 2026.

Washington security deposit rules

• Deposit cap — No cap found in § 59.18.280.
• Holding and interest — Not verified on this page; RCW 59.18.270 carries the trust-account and notice provisions.
• Move-in proof — A written move-in checklist is the operative documentation standard. Section 59.18.280 bars withholding for the repair or replacement of fixtures, equipment, appliances, and furnishings whose condition was not reasonably documented in the written checklist required under RCW 59.18.260 — read § 59.18.260 for the checklist requirement itself, which was not read on this page.
• Return trigger and deadline — Termination of the rental agreement and vacation of the premises, or, where the tenant abandons, 30 days after the landlord learns of the abandonment. Then 30 days to give a full and specific statement of the basis for retaining any of the deposit, together with any refund due, delivered personally or deposited in first-class mail to the tenant's last known address within the 30 days.
• Itemization and penalty — The statement must be full and specific, and must include copies of estimates received or invoices paid to reasonably substantiate the damage charges. The court may award up to twice the deposit for intentional refusal to give the statement, documentation, or refund, and the prevailing party in a deposit action receives the cost of suit or arbitration including a reasonable attorneys' fee.
• What this does not mean — A written statement without documentation does not satisfy the section. Estimates or invoices are part of the statutory requirement, not supporting material you can send later.
• Confirm before you act — Is there a signed written move-in checklist covering fixtures, equipment, appliances, and furnishings? Are estimates or invoices attached to the statement? Was the statement mailed within the 30 days, not merely written?

Verified: Wash. Rev. Code § 59.18.280, checked August 10, 2026.

Portland, Oregon: a worked municipal overlay

Portland is the clearest illustration of why the state rule is a floor. Under Portland City Code 30.01.087, amended effective January 1, 2025 and layered on top of the Oregon Residential Landlord and Tenant Act:

• Deposit cap — If the deposit includes last month's rent, no more than an additional one-half of one month's rent may be collected as security. If last month's rent is not required, the cap is one month's rent. A conditionally approved applicant may be asked for an additional half month, payable in installments over up to three months at the tenant's request.
• Holding — Within two weeks of receiving the funds, they must go into a financial-institution account segregated from the landlord's personal and business operating accounts, and the rental agreement must name the institution and state whether the account bears interest.
• Move-in proof — A signed condition report is required before the commencement date, with landlord-taken photographs shared with the tenant, and the tenant has seven days to submit a condition report addendum.
• Deductions — Security deposit funds may be applied only to the repair and replacement of fixtures, appliances, equipment, or personal property identified in the rental agreement, and only to costs reasonably necessary to restore the premises to their condition at commencement. Routine maintenance, ordinary wear and tear, and anything covered by insurance or warranty are excluded. Flooring is limited to the discrete impacted area, and interior painting is barred except for specific tenant damage.
• Return trigger and deadline — The city code does not set its own refund clock. It requires the written accounting and refund to be made in accordance with ORS 90.300, the state provision, and it adds a written notice of the tenant's security-deposit rights delivered at the same time as that accounting, plus a rent payment history within five business days of a request or of a termination notice. Read ORS 90.300 for the day count itself; it was not read on this page.
• Penalty — A landlord who fails to comply with any requirement of the section is liable to the tenant for up to $250 per violation plus actual damages, reasonable attorney fees, and costs.
• What this does not mean — Complying with Oregon state law is not compliance in Portland. Every requirement above is additional to ORS chapter 90, and the $250-per-violation exposure is counted per requirement missed, not per tenancy.
• Confirm before you act — Are the deposit funds in an account segregated from your personal and business operating accounts, opened within two weeks of receipt? Does the rental agreement name the institution and state whether the account bears interest? Is every fixture, appliance, and item you might charge for actually listed in the rental agreement?

Portland is an illustration, not a survey — do not generalize it to the rest of Oregon or to any other city. The District of Columbia is the other place in the register where the operative detail sits partly in regulation rather than statute, at 14 DCMR §§ 308–311 alongside the D.C. Code sections listed. Check your property's city and county code, or the local rental-services or housing office, and confirm whether your state preempts local deposit rules before concluding that none apply.

Verified: Portland City Code 30.01.087, checked August 10, 2026.

What to do after you find your state's rule

The statute tells you what applies; this sequence turns it into practice. Every step is conditional — do it when, and in the form, your state requires. If you have not selected a tenant yet, finish screening first using written criteria applied the same way to every applicant (tenant screening services), so deposit terms come from your written policy rather than per-applicant negotiation.

1. How much you can collect, and what counts toward the cap

Read the cap and the aggregation rule together. Labels do not control substance: under New York General Obligations Law § 7-108, the one-month limit applies to a "deposit or advance," so renaming money does not move it outside the rule, and Virginia and Arizona reach a deposit "however denominated," with Arizona counting prepaid rent inside the 1.5-month limit (all checked August 10, 2026). Massachusetts goes further and limits the whole set of upfront charges rather than the deposit alone. Give any receipt your state requires at collection.

Set the amount from written criteria, not per applicant. Charging a higher deposit to some applicants than others invites a fair-housing claim if the difference tracks — or appears to track — a protected characteristic such as familial status, disability, or national origin, and some states and cities also protect source of income, which reaches voucher holders. If your criteria allow a higher deposit in defined circumstances, write those circumstances down before you advertise, apply them identically to every applicant, and have an attorney experienced in fair housing review the policy. An assistance animal is never a basis for a higher deposit — see the FAQ below.

2. Where the deposit money has to be held

Holding rules vary more than any other field. Massachusetts requires a separate interest-bearing account in a Massachusetts bank, held beyond the reach of your creditors, with a receipt to the tenant naming the bank, amount, and account number. North Carolina requires a trust account with a qualifying in-state institution or a bond, plus notice of the bank's name and address within 30 days of the lease term beginning. Florida offers three arrangements with their own conditions. Ohio requires no separate account but does require five percent annual interest on the portion of the deposit above the greater of $50 or one month's rent once the tenant has been in possession six months. Several states treat the deposit as the tenant's property throughout, so commingling it with your own funds is itself a violation.

3. Documenting condition at move-in

Some states make documentation mandatory rather than merely wise. Massachusetts requires a written statement of condition on a statutory timeline, New York requires you to offer a pre-occupancy inspection whose signed record limits later deductions, and Michigan requires inventory checklists. Washington goes furthest: under RCW 59.18.280 you may not withhold for fixtures, equipment, appliances, or furnishings whose condition was not reasonably documented in the written move-in checklist. California now requires photographs rather than good habits: under Civil Code § 1950.5 as amended by AB 2801, a landlord must photograph the unit after the tenant vacates and before any repairs or cleaning, photograph it again after that work is done, and — for tenancies beginning on or after July 1, 2025 — photograph it at or before move-in (checked August 10, 2026). Even where nothing is mandatory, dated photos and a signed condition report are the evidence your deductions will stand on.

4. Keeping deposit records during the tenancy

Track repairs, invoices, and any changes to where the money is held. Where interest accrues — Ohio annually, Massachusetts on the account, Portland proportionately to the tenant — the calculation is an annual obligation, not a move-out one. If you sell or transfer the property, the transfer provisions matter: in states such as New York and Massachusetts, the statute assigns specific duties and successor liability for the deposit, so the deposit moves with the deal, on paper.

5. Move-out inspection rights before the tenancy ends

Several states give the tenant a right to be present or to cure. New York requires notice of the tenant's right to a pre-move-out inspection, an itemized statement of proposed deductions, and an opportunity to cure. Virginia requires written notice of the right to be present at the inspection, which must happen within 72 hours of delivery of possession. Arizona requires that notice at move-in. Where your state has such a process, missing it can cost you the deductions; where it does not, a documented final walkthrough still protects both sides.

6. When and how you must itemize and return the deposit

Three things decide this step, and only the third is a number. First, the trigger: states differ on whether the clock starts at surrender, at vacating, at termination of the tenancy, or at the later of two events — Virginia's runs from the later of termination and move-out, Ohio's from termination plus delivery of possession, Arizona's only once the tenant demands the deposit. Second, the contents: an itemized statement is the floor, and several states require more — sworn lists and written evidence in Massachusetts, paid receipts in Illinois, estimates or invoices in Washington, before-and-after photographs in California, statutory boldface warning language in Michigan. Third, the delivery method: certified mail to the last known mailing address in Florida, first-class mail in Arizona and Washington, electronic return in California where the tenant paid electronically. Your jurisdiction's block above states its trigger, day count, contents, and delivery rule. Send the statement the way the statute says, and keep proof.

What a late return actually costs

There is no universal multiplier, and the exposure is routinely larger than the deduction you were trying to keep. Three worked examples, using the verified penalty provisions above. The figures are illustrative; the statutory formulas are not.

Jurisdiction	Facts	Statutory exposure
Texas	$1,800 deposit; $400 withheld for damage; itemization sent on day 41 after surrender	$100, plus three times the $400 wrongfully withheld, plus the tenant's reasonable attorney's fees — and bad faith is presumed because the 30th day was missed, with the burden on you to prove the retention was reasonable (§ 92.109)
New York	$2,400 deposit; itemized statement sent on day 17 after the tenant vacated	The right to retain any portion is forfeited. The full $2,400 goes back regardless of the unit's condition (§ 7-108)
Florida	$1,500 deposit; claim notice not mailed within 30 days of the tenant vacating	The right to impose a claim on the deposit is forfeited and no setoff may be sought, though an action for damages remains available after the deposit is returned (§ 83.49)

One line drives the gap in all three, and it is not the condition of the unit. It is the calendar. In each case a landlord with a legitimate deduction lost it, or multiplied it, on timing alone. Read your own state's penalty provision before you withhold, not after. For everything else in onboarding — disclosures, keys, utilities, move-in day — use the first-tenant checklist.

If the deadline has passed, or the damage exceeds the deposit

Four situations where the ordinary sequence no longer applies:

• You are already past the deadline. Do not send a late itemization before reading your state's penalty provision. In New York, Illinois, and several other states the right to retain is forfeited by the missed deadline itself, and sending a claim anyway can add exposure rather than reduce it. Take the lease, the statute, your condition records, and the draft itemization to a landlord-tenant attorney or local legal aid first.
• The damage exceeds the deposit. The deposit and the excess are separate claims. Returning or accounting for the deposit on time does not waive a separate action for the balance — Florida's statute says so expressly, and Washington's preserves the landlord's right to proceed for sums beyond the deposit. Mishandling the first claim is how landlords lose the second.
• The tenant left no forwarding address. Where your state ties the obligation to it, as Texas does, the duty is delayed rather than extinguished, and the tenant does not forfeit the deposit by failing to provide one. Document the written request, keep the proof, and follow your statute.
• Your state is not one of the thirteen above and the statute is hard to read. Your state bar's landlord-tenant guide, your state attorney general's housing pages, or local legal aid will give you process help. A summary chart will not, and this page has already shown you three places where the charts disagree with the code.

Permitted deductions and the proof behind them

Deduction categories are state-specific, so the safe frame is: deduct only what your state's statute authorizes, and keep the proof that statute expects. Four categories recur. Unpaid rent. Damage caused by the tenant beyond ordinary wear and tear. Cleaning, but only where and to the extent the state allows it — California, for example, limits cleaning deductions to returning the unit to its move-in level of cleanliness. And unpaid utility or other charges that the lease validly makes the tenant's responsibility, which is how New York's statute frames it. Ordinary wear and tear is never deductible in the thirteen states verified for this guide, and it is a legal concept your state defines — resist building a universal damage price list.

Possible deduction (where your state authorizes it)	Proof to retain
Unpaid rent or lawful lease charges	Ledger, lease clause, payment history, any required notices
Damage beyond ordinary wear and tear	Move-in and move-out condition records, dated photos, repair invoices or estimates
Cleaning, where the state allows it	Move-in cleanliness documentation, move-out photos, cleaning receipts
Unpaid utilities payable to you under the lease	Lease clause, utility bills, account statements
Replacement of a worn item rather than repair	Purchase date and price, the item's expected useful life, and the depreciated value you charged — Portland ties deductions to items named in the rental agreement, and courts elsewhere expect age to be reflected
Ordinary wear, pre-existing damage, upgrades	Not deductible — document condition at move-in so the line is provable

Documentation standards can be explicit. Massachusetts requires the itemized damage list to be sworn under the pains and penalties of perjury and backed by written evidence such as estimates, bills, invoices, or receipts. Illinois requires paid receipts attached to the itemized statement, not estimates alone, once the repair is done. Washington requires copies of estimates received or invoices paid. California requires an itemized statement, copies of the supporting documents in many cases, and the before-and-after photographs described above. New York bars deductions for conditions noted in the move-in inspection record. When you replace rather than repair, expect age and useful life to matter: charging a tenant the full price of a new item that was already partly worn invites reversal.

Keep the two clocks separate where your state has them — the deadline to return with no claim and the deadline to notice a claim are different obligations in Florida, and collapsing them is how deductions get forfeited. For a contested or high-value deduction, or one involving a subsidized or rent-regulated tenancy, get advice from a landlord-tenant attorney or local legal aid before withholding; this page is a compliance map, not a ruling on your dispute.

Terms this page uses precisely

Ordinary wear and tear is the deterioration a unit suffers from the use it was rented for — traffic-worn carpet, faded paint, minor scuffs. It is not deductible, and it is defined by your state's law and case law rather than by any national price list.

Surrender or vacating is the trigger event that starts the refund clock. States differ on which event counts: Texas runs from surrender of the premises, California and New York from the tenant vacating, Massachusetts and Florida from the end or termination of the tenancy, Ohio and North Carolina from termination plus delivery of possession, and Virginia from whichever of termination and vacating happens last. Identify yours before you calendar anything.

Commingling is holding deposit money together with your own operating funds. Where the statute treats the deposit as the tenant's property held in trust, commingling is a violation in its own right, separate from anything you later deduct.

Advance rent versus security deposit is a distinction the statute draws, not the lease. New York's cap reaches a "deposit or advance," Virginia's and Arizona's reach a deposit "however denominated," and Arizona counts prepaid rent inside the limit. The label does not decide the category; the statute does.

Exceptions and local overlays that can change the result

The deposit rule stack

Four layers can govern one deposit, and they do not carry equal weight. Check them top to bottom:

Layer	Who sets and enforces it	What it changes for you
State statute or code	The legislature, applied by courts and sometimes state agencies	The default cap, holding, documentation, return, and penalty rules in your row
City or county ordinance	The local council, enforced by a local housing or code office	Can add stricter caps, banking, documentation, and itemization rules where the state does not preempt them
Government program rules	Federal, state, or local housing agencies	Subsidized or rent-regulated tenancies can carry separate deposit terms layered on the statute
Lease and other private terms	You and the tenant	Operate only inside the layers above — many deposit statutes make conflicting lease terms void

Where a layer cannot be confirmed for your property — most often the local one — treat it as not verified and go to the official source; never treat silence as permission.

Local overlays are the most commonly missed layer, and Portland above is the worked example. You are most likely to be sitting under one if your property is in a city with rent stabilization or just-cause eviction rules, a rental registration or licensing programme, or a rent board or dedicated housing department. Any of those three is a signal to read the municipal code before you rely on the state rule alone.

Scope exceptions are the second trap

Every one of these sits inside a state whose headline rule looks simple.

Jurisdiction	The exception	Who it reaches
Illinois	The Security Deposit Return Act reaches residential property containing five or more units	Owners of one to four units are outside the Act entirely — the lease and any municipal ordinance become the operative rules
California	The two-month small-landlord exception to the one-month cap	Not available against an active-duty service member, who is capped at one month regardless of the landlord's size
New York	§ 7-108 governs units other than those covered by § 7-107	Rent-stabilized and rent-controlled tenancies run under a different section; registered seasonal-use units and owner-occupied cooperative apartments carry carve-outs
Massachusetts	The statute does not apply to vacation or recreational tenancies of 100 days or less	Short seasonal lets — and note that a fee in lieu of a deposit is authorized only under state regulations with disclosure, opt-out, and total-cost limits, and such fees can be partly nonrefundable
Georgia	The § 44-7-30.1 cap applies to leases entered into or renewed on or after July 1, 2024, and § 44-7-36 exempts certain units from parts of the article	Older unrenewed leases, and owners whose unit count and management arrangement fall inside the § 44-7-36 exemption
Virginia	A tenant may provide damage insurance in lieu of a deposit, and may switch back at any time without the landlord's consent	Landlords who built a workflow around holding cash
Any state	Subsidized and program tenancies, manufactured-home tenancies, and ownership transfers	Program rules can add separate deposit terms; manufactured-home tenancies may sit under a different statute; a transfer triggers its own duties in several states

Fee-in-lieu arrangements are a distinct category: they are not security deposits, and this page does not evaluate the products built on them. Pet money and assistance animals raise a separate fair-housing boundary, covered in the FAQ below. In every case, read the scope language before applying the headline rule.

Which landlord situation are you in?

Situation	What you need first	Where to start	Jurisdiction dependency	Next action
Setting a deposit for a first lease	The cap and the aggregation rule	Your state's block above, or its register row	High, at state level; municipal where a rent board exists	Read the cap and the scope language before you advertise
Tenant has given notice or already vacated	The trigger, the deadline, the delivery method	The return and itemization fields for your state	High, at state level	Calendar the day count from the correct trigger event, not from the lease end date
Deadline has already passed	Damage control, not paperwork	The failure-path block above	High, at state level	Assemble the lease, statute, condition records, itemization draft, and delivery proof, then get advice before sending anything
City with registration, a rent board, or rent stabilization	The municipal overlay	Your city or county code and the local housing office	High, at municipal level	Search your municipal code for "security deposit" and confirm whether your state preempts local rules
Out-of-state or remote owner	Which law applies at all	The property's state, not yours	High, at state level	Confirm the holding requirement before opening any account — Massachusetts and North Carolina require in-state arrangements
One to four units, and unsure the statute even applies	Scope, before anything else	The scope-exceptions table above	High, and it turns on unit count	Confirm whether your state's act reaches your property size and management arrangement
Damage exceeds the deposit, or the deduction is contested	A defensible position	The failure-path block above	High, at state level	Return or account for the deposit on time; pursue the excess separately with advice

Choosing deposit tools and help at a glance

First, the gate: no product creates compliance. Confirm your state's rule, its scope, and the local overlay — all free, official steps — before paying for anything, because software documents a lawful process; it cannot make an unlawful one lawful.

• Best first move in every situation: none yet — open the official source for your state and set the required receipt, holding, and documentation process before shortlisting any tool.
• Best for a self-managing owner who needs deposit records: landlord software with deposit receipts, dated condition-photo storage, per-property accounting, and clean data export — compare options at landlord software for deposit records.
• Best for an owner who has not screened an applicant yet: a screening service with a documented applicant-consent workflow, adverse-action support, and published per-screening pricing — compare options at tenant screening services.
• Best for a dispute, unclear scope, or high-value claim: a landlord-tenant attorney or local legal aid, not a product.

Your situation	Shortlist move	Confirm before you pay
First tenancy, applicant not yet selected	Shortlist screening services with documented compliance features on the screening hub	Does it document permissible purpose and the applicant's written authorization? Does it support adverse-action notices when a report influences your decision? Can you apply your written criteria identically to every applicant? What is the price per screening, and who pays?
Self-managing one or a few units and keeping your own records	Shortlist landlord software by deposit-documentation fit on the software hub	Can it issue deposit receipts and store dated move-in and move-out photos? Does it keep deposit accounting separate per property? Can you export all records if you cancel? What is the price per unit per month, all-in?
Facing a contested deduction, unclear scope, or a program tenancy	Consult a landlord-tenant attorney or local legal aid before withholding	Bring the lease, the official statute, condition reports and photos, the itemization draft, and your delivery proof — and ask what the penalty provision means for your facts

Whatever you shortlist, score every option against the same six-step process above — whether it can produce the receipt, the holding records, the condition documentation, the deadline reminders, and the itemization evidence your state requires — applied identically to each option.

Frequently asked questions

When does the deposit-return clock actually start?

It depends on your state's trigger event: surrender of the premises in Texas, the tenant vacating in California, New York, and Illinois, the end or termination of the tenancy in Massachusetts and Florida, termination plus delivery of possession in Ohio and North Carolina, and whichever of termination and vacating happens last in Virginia. Arizona adds a condition rather than an event — the clock does not start until the tenant demands the deposit. Your statute states the trigger, the day count, and the delivery method. Calendar it the day notice is given, not the day you get around to the paperwork.

Do I have to wait for the tenant's forwarding address?

Only where your state ties the obligation to it. Texas, for example, generally does not require the refund or the itemized accounting until the tenant provides a forwarding address — though the tenant does not forfeit the deposit by failing to provide one. Other states run the clock regardless. Request the address in writing at notice time, document the request, and follow your statute; a missing address is never permission to keep the money.

Is a security deposit taxable income?

Not when you receive it, if you plan to return it. But under IRS Publication 527, any portion you keep because the tenant did not live up to the lease becomes rental income in the year you keep it, and an amount called a security deposit that is to be used as the final payment of rent is advance rent, taxable when received. That means the deduction you withhold at move-out is a tax event as well as a legal one. Ask a CPA how to record a retained deduction before you file, particularly if you own property in more than one state or hold it through an entity.

Can I charge a pet deposit for an assistance animal?

Pets and assistance animals are different legal categories. Under federal fair-housing guidance, an assistance animal is not a pet, and a reasonable accommodation may require waiving a pet deposit or fee for an assistance animal. Whether pet money is allowed at all — and whether it counts toward your cap — is a state-statute question. Handle every accommodation request individually, and get qualified fair-housing advice before applying pet-deposit policy to one.

Can my lease waive the state's deposit rules?

Not unless the statute itself allows it. New York declares any waiver or modification of the tenant's rights under its deposit section absolutely void, and Massachusetts voids conflicting lease provisions and makes attempting to enforce one a ground for forfeiting the deposit. Assume a clause that contradicts your statute is unenforceable until the official source says otherwise.

How much should I collect for a security deposit?

Where your state caps deposits, the cap is a ceiling expressed in months of rent — a unit basis, not a pricing recommendation — and prepaid rent or pet money may count toward it. Remember what the money is: a refundable amount that remains, in several states, legally the tenant's property. The gross amount collected is not the net you will retain, and the advertised deposit is not the tenant's total move-in cost. Set the amount only after reading the cap, aggregation, and local-overlay rules that apply to your property.

Methodology, verification, and update policy

This page covers the 50 states and the District of Columbia at two different depths, and it labels which is which. Verified rule detail is published only where we have read the current codified statute, regulation, or official agency or ordinance page — never a secondary summary — and recorded the exact source identifier with its effective, revision, and access dates. Rows that fail verification are not published. Everything else appears in the register above, which states the governing citation and links the jurisdiction's code repository; those citations are cross-checked pointers, not verified rules, and they are labeled that way in the register's introduction and its Host column.

Each jurisdiction block carries one of these statuses:

Status	What it means here
Verified	The operative text was read on the jurisdiction's own official code or legislative site, which is the link given in the block
Verified with limitation	The operative text was read and the official source linked, but a companion section or subsection named in the block was not read
Partial	Some fields were confirmed against an official source and the rest are labeled field by field as not verified
Not verified on this page	Routing only: the governing citation and the code repository, with no figures
Not applicable	The field does not exist in that jurisdiction's statute
Superseded	A provision we previously published has been replaced, and the block records the replacement

Local overlays are checked by reading the municipal code and confirming whether the state preempts local deposit rules, with unresolved overlays labeled rather than omitted; Portland is published as a worked example rather than a survey. Where a widely syndicated summary disagrees with the codified text, we name the summary, link it, and state which governs — three such conflicts are documented above. Pending legislation is monitored separately and never presented as current law. This page was last verified on August 10, 2026 and is re-verified quarterly and immediately after a material statutory or local change; the next scheduled review is November 10, 2026. Where we summarize or interpret, that is an editorial decision rule, not legal advice, and nothing here is a substitute for advice from a landlord-tenant attorney, a fair-housing specialist, or a CPA on your own facts.

About this page

Rental Income HQ is an independent publisher. This page is written for owners of one to four units — accidental landlords, first-time landlords, and small self-managing owners — and it is built statute-first: every figure on it traces to a codified source we have opened, with the section, the effective date where known, and the date we checked it.

Attorney review. This page has not yet had review by a licensed landlord-tenant attorney; when that review is complete it will be credited here with the reviewer's name and date. Nothing here is legal, tax, or financial advice, and it is not a substitute for advice on your own facts.

What this page is not. It is not a fifty-state figure table, a form library, or a ruling on your dispute. It does not cover commercial tenancies, evictions, or the deposit-alternative products built on fee-in-lieu statutes.

Who maintains it. The Rental Income HQ editorial team researches, verifies, and updates this page against the site's published evidence standard, which requires a primary government or official source for every legal claim, a verification status on every row, and a labeled gap wherever a figure could not be confirmed. The same team owns the quarterly re-verification schedule below.

Corrections and updates. Statutes change between legislative sessions, and this page is re-verified quarterly and immediately after a material change, with the next scheduled review on November 10, 2026. If a citation here no longer matches the code you open, the code governs — and the code is linked from every block above so you can check us in one click.

Your next step

Open your jurisdiction's block or register row above, follow it to the statute, and save that link in the property file. Put the return trigger and day count on a calendar you will actually see at notice time. Then add the receipt, account or bond, and condition-report steps your state requires to your first-tenant checklist before any money changes hands. When the law changes, the check date changes with it — recheck your statute each time you re-lease.

Sources and last verified date

Last verified: August 10, 2026 Next review: November 10, 2026, re-verified quarterly and immediately after a material statutory or local change.

• California Civil Code § 1950.5 — California Legislative Information — deposit limit and exceptions, 21-calendar-day itemized statement and return, cleaning limits, and the AB 2801 photographic documentation and AB 414 electronic-refund provisions.
• Texas Property Code Chapter 92, Subchapter C — Texas Legislature — refund on or before the 30th day after surrender, forwarding-address provisions, itemization and normal-wear rules, absence of a statutory cap, and the § 92.109 bad-faith presumption and liability.
• New York General Obligations Law § 7-108 — New York State Senate — one-month limit on deposits or advances, inspection and cure process, 14-day itemized return and forfeiture rule, burden of proof, waiver-void provision, seasonal-use and co-op carve-outs, and the § 7-107 scope boundary.
• Florida Statutes § 83.49 (2025) — The Florida Senate — deposit holding options and the separate 15-day return and 30-day certified-mail notice-of-claim clocks, including forfeiture for a missed claim notice and the preserved right to sue after return.
• Massachusetts General Laws ch. 186, § 15B — Massachusetts General Court — one-month limit and the limit on total upfront collections, separate in-state interest-bearing account and receipts, statement of condition, 30-day return with sworn itemized list and written evidence, transfer duties, waiver and forfeiture rules, 100-day vacation-tenancy exclusion, and the fee-in-lieu authorization added effective August 1, 2025.
• Massachusetts law about tenants' security deposits — Massachusetts Trial Court Law Libraries — official summary confirming the treble-damages provision and the case law holding that only violations the act specifies carry treble damages.
• Ohio Revised Code § 5321.16 — Ohio Laws — five percent annual interest on the deposit above the greater of $50 or one month's rent after six months' possession, and the 30-day itemized written notice after termination and delivery of possession.
• Security Deposit Return Act, 765 ILCS 710 — Illinois General Assembly — the five-or-more-units scope, the 30-day itemized statement with paid receipts, the 45-day full return where no statement is furnished, and double damages with court costs and attorney's fees.
• House Bill 404, the Safe at Home Act, as signed — Office of the Governor of Georgia — the new O.C.G.A. § 44-7-30.1 capping security deposits at two months' rent, effective July 1, 2024.
• North Carolina General Statutes Chapter 42, Article 6 — North Carolina General Assembly — the tenancy-type deposit caps, the trust-account and bond requirements, the 30-day bank notice, and the 30-day itemized return with a 60-day final accounting.
• Michigan Compiled Laws § 554.602 — Michigan Legislature — the 1.5-month deposit cap.
• Michigan Compiled Laws § 554.609 — Michigan Legislature — the 30-day itemized damages notice, its contents, and the required boldface seven-day response warning.
• Revised Code of Washington § 59.18.280 — Washington State Legislature — the 30-day full and specific statement with estimates or invoices, the move-in checklist documentation standard for fixtures and furnishings, and up to twice the deposit for intentional refusal plus the prevailing party's costs and fees.
• Arizona Revised Statutes § 33-1321 — Arizona State Legislature — the 1.5-month cap including prepaid rent, nonrefundable-fee labeling, the move-in form and move-out inspection notice, the 14-business-day itemized return after demand, and twice the amount wrongfully withheld.
• Code of Virginia § 55.1-1226 — Virginia Law — the two-month cap however denominated, the 45-day itemized notice running from the later of termination and vacating, the move-out inspection notice and 72-hour window, damage insurance in lieu of a deposit, and the willful-failure remedy.
• Portland City Code 30.01.087, Security Deposits; Pre-paid Rent — City of Portland — local-overlay example: deposit limits tied to last month's rent, segregated banking within two weeks, condition reports with photographs, deductions limited to items identified in the rental agreement, and liability of up to $250 per violation plus actual damages, fees, and costs.
• Code of Alabama — Alabama Legislature — corrected official repository link for the register, replacing a superseded legacy path.
• Idaho Code § 6-321 — Idaho State Legislature — official code source linked in the register.
• Publication 527, Residential Rental Property — Internal Revenue Service — federal treatment of security deposits, retained amounts, and deposits applied as final rent.
• Assistance Animals — U.S. Department of Housing and Urban Development — an assistance animal is not a pet, and a reasonable accommodation may include waiving a pet deposit or fee.
• State Security Deposit Statutes — Nolo — cross-check for the governing-statute citations in the register; supporting source only, not authority for any rule stated on this page.
• Current U.S. State and Federal Law Repositories — PublicLegal — index of state code repositories used to assemble the register's source links, reviewed August 10, 2026.
• Georgia Security Deposit Laws — Rentable — cited only to document a source conflict: states that Georgia does not cap deposits, which O.C.G.A. § 44-7-30.1 contradicts. Checked August 10, 2026.
• Tenant Move-Out California Security Deposit — RPM Southland — cited only to document a source conflict: states a two-month maximum for most unfurnished California units, which Civil Code § 1950.5 as amended by AB 12 contradicts. Checked August 10, 2026.
• Massachusetts Security Deposit Laws — Hemlane — cited only to document a source conflict: states a furnishings add-on to the Massachusetts one-month limit, which ch. 186, § 15B(1)(b) does not provide. Checked August 10, 2026.