Security deposits: how much and how to get yours back

Most landlords ask for a security deposit when you sign a lease. That money is still yours, and getting it back depends a lot on what you do the day you move in and the day you move out. This guide explains what a deposit is, how much landlords can charge, where it is kept, what can be deducted, when it comes back and where to complain if it does not, with the laws of four large states and a table of more states.

General deposit cap in California

1 month's rent¹

New York has the same cap.⁵

To return it with the itemized statement in California

21 days¹

To return it with the itemized statement in New York

14 days⁵

To refund it or send the list of deductions in Texas

30 days⁷

What a security deposit is

A security depositsecurity depositA security deposit is money you pay the landlord when you start renting as security that you will follow the lease: pay the rent and take care of the home. The money still belongs to you. The landlord holds it and, when you move out, must return it minus the charges the law allows, such as past-due rent or damage beyond normal wear and tear. You should not be charged for damage that was already there when you moved in. The maximum amount and the deadline to return it depend on your state's law and sometimes your city's.See the full definitionClose is money you give the landlord as security that you will follow the leaseleaseA lease, or rental agreement, is the contract in which the owner or landlord gives you the right to live in and use a property for a set period of time in exchange for payment, usually rent. While the lease lasts you have possession, but the landlord still owns the property. The lease says how much you pay and when, who handles maintenance and how the agreement can end. Your rights as a tenant are usually spelled out in the lease and in your state and local laws. Before complaining to the landlord, it helps to read the lease and make sure you are also following the rules you agreed to.See the full definitionClose. Texas law, for example, defines it as an advance of money, other than an application deposit or prepaid rent, that is meant to secure the lease.⁷ The Texas Attorney General notes that most landlords require one.⁸

The money does not stop being yours. The California Attorney General puts it plainly: the deposit belongs to the tenant, the landlord holds it until you move out and, by law, returns it when you leave, minus allowed expenses.²

How much a landlord can charge and when it comes back

The rules come from each state’s law, and sometimes from your city or county, which may add protections.² Here is what four large states say:

State	Does the law set a cap?	Deadline to return it	What you must receive
California	Yes: one month’s rent, on top of the first month; certain small landlords, up to two months (not if the tenant is a service member)1	21 calendar days after you move out1	Itemized statement; receipts and photos if deductions exceed $1251
New York	Yes: one month’s rent5	14 days after you move out (units that are not rent stabilized)5	Itemized statement; if it is late, the landlord forfeits the right to keep any of it5
Texas	Not in the security deposit subchapter7	The 30th day after you surrender the unit7	Written description and itemized list of deductions, once you give a forwarding address in writing7
Florida	Not in the deposit section; the state says the landlord “has the discretion” to collect deposits10	15 days if nothing is deducted; to deduct, written notice within 30 days9	Notice with the amount and reason; you have 15 days to object in writing9

Rules change from state to state, and your city or county can add its own.² This table brings together the cap and the deadline the law sets in the states where we have them verified; each state’s page has the details, the exceptions and the exact law. A dash (—) means there is no verified cap: in Texas and Florida, the sections of law we cite do not set a maximum amount.⁷⁹

Deposit cap and return deadline, by state

State	Deposit limit	Time to return the deposit
Alabama	Up to 1 month of rent	60 calendar days
Arizona	Up to 1.5 months of rent	14 business days
Arkansas	Up to 2 months of rent	60 days
California	Up to 1 month of rent	21 days
Colorado	Up to 2 months of rent	1 day
Connecticut	Up to 2 months of rent	—
Delaware	Up to 1 month of rent	—
District of Columbia	Up to 1 month of rent	—
Florida	—	15 days
Georgia	Up to 2 months of rent	30 days
Hawaii	Up to 1 month of rent	14 days
Idaho	—	21 days
Illinois	—	45 days
Indiana	—	45 days
Iowa	Up to 2 months of rent	30 days
Kansas	Up to 1 month of rent	30 days
Louisiana	—	1 day
Maine	Up to 2 months of rent	—
Maryland	Up to 1 month of rent	45 days
Massachusetts	Up to 1 month of rent	30 days
Michigan	Up to 1.5 months of rent	30 days
Minnesota	—	21 days
Mississippi	—	45 days
Missouri	Up to 2 months of rent	30 days
Nebraska	Up to 1 month of rent	14 days
Nevada	Up to 3 months of rent	30 days
New Hampshire	Up to 1 month of rent	30 days
New Jersey	Up to 1.5 months of rent	30 days
New York	Up to 1 month of rent	14 days
North Carolina	—	30 days
North Dakota	Up to 1 month of rent	30 days
Ohio	—	30 days
Oklahoma	—	45 days
Oregon	—	31 days
Pennsylvania	Up to 2 months of rent	30 days
Rhode Island	Up to 1 month of rent	20 days
South Carolina	—	30 days
South Dakota	Up to 1 month of rent	21 days
Texas	—	30 days
Utah	—	30 days
Vermont	—	14 days
Virginia	Up to 2 months of rent	45 days
Washington	—	30 days
Wisconsin	—	21 days
Wyoming	—	30 days

These are each state's general rules; your city may give more protection.² Tap your state to see the exceptions. Source: each state's laws

In New York, the Attorney General adds that the one-month limit means a landlord cannot ask for last month’s rent and a security deposit.⁶ If your state is not in the table, look up its page under Places, with its tenant rules and sources. Before you sign, work out what you can afford with our rent calculator.

The amount can also depend on your history. According to the CFPB, many landlords use a tenant screeningtenant screening reportA tenant screening report is a report many landlords use to decide whether to rent to you and how much to charge for the security deposit. Specialty companies prepare it, and it can include your credit report, your rental history including eviction cases and lawsuits, employment verification, criminal history and a score or recommendation. It is not the same as a credit report. If a landlord denies you, or asks for a larger deposit or higher rent, because of the report, federal law requires the landlord to tell you, name the company and explain your right to a free copy and to dispute errors.See the full definitionClose report to decide how much to charge for the deposit.¹⁴ If you are asked for a larger deposit than other applicants because of what that report says, federal law requires the landlord to give you a notice naming the company that made it and explaining your right to a free copy.¹⁵

If this is you

You cannot cover the deposit

The CFPB explains that some local rental assistance programs help with the deposit on a new home; many have closed, but some money may still be available.¹⁶ Look in assistance programs.

You are asked for more deposit because of your credit

If it is because of what a report says, they must give you a notice with the company and your right to a free copy.¹⁵ Read how to rent without a Social Security number or credit.

You serve in the military and rent in California

The exception that lets certain small landlords charge up to two months does not apply if the tenant is a service member.¹

Where your money is kept while you rent

While you live in the home, the deposit is not the landlord’s money. Some laws say where and how it must be kept:

• New York. Every landlord must treat deposits as trust funds that belong to the tenants, without mixing them with their own money. In buildings with six or more apartments, deposits go into a New York bank account earning interest, and you must be told in writing the bank’s name and address and the amount. The landlord may keep 1% of the deposit a year for administration; the rest of the interest is yours. If the rent goes up, the landlord may ask for more to bring the deposit up to the new monthly rent.⁶
• Florida. The landlord must keep the deposit in a separate account at a Florida financial institution, without mixing it with their own money, or post a surety bond. A landlord who rents five or more units must give you written notice, in the lease or within 30 days, saying where your money is and whether you are entitled to interest.⁹
• California. The state Attorney General notes that some cities make landlords pay interest on security deposits.²

Keep those notices with your lease. When you move out, they tell you who to ask.

Before you move in: the inspection and photos

What you do not write down on day one is hard to prove later. That is what a move-in inspectionmove-in inspectionA move-in inspection is the walk-through of the home done before you move in to record in writing the condition of the unit and the equipment that comes with it. In public housing, the federal rule requires the agency and the tenant to inspect it together and sign a statement of its condition. Another inspection is done when you move out. The difference between the condition at move-in and at move-out is the basis for any charge against your deposit, if the damage goes beyond normal wear and tear. That record helps keep you from being charged for damage that was already there.See the full definitionClose is for: putting the condition of the unit in writing.

• New York. Before you move in, the landlord must offer to inspect the unit with you. If you ask, you both sign an agreement listing existing defects, and nothing listed there can be deducted at move-out.⁵
• California. For tenancies that begin on or after July 1, 2025, the landlord must photograph the unit at the start. Since April 1, 2025, the landlord must also photograph it when you leave, before and after any repairs, and send you those photos with the statement of deductions.¹
• Florida. The state agency recommends examining the unit before signing, noting anything damaged, taking date-stamped pictures, giving a copy to the landlord and keeping one.¹⁰

Pay the deposit in a way that leaves a record, and keep the receipt. In California, the law accepts a canceled check, a receipt or a lease stating the amount as proof.¹

What can and cannot be deducted

In California, New York and Texas the idea is the same: the landlord can deduct what you owe or what you damaged, but not the normal wear and tear of living in the home.¹⁵⁷

Can be deducted	Cannot be deducted
Unpaid rent15	Normal wear and tear157
Damage caused by you or your guests15	Damage that existed before your tenancy (California) or was left by a prior tenant (New York)15
Cleaning to bring the unit back to move-in condition (California)1	Anything noted in the move-in inspection agreement (New York)5
Utilities payable to the landlord, and moving and storing your belongings (New York)5	A “nonrefundable” deposit: in California a lease cannot call it that1

In California, the landlord may also charge to restore or replace furniture or other personal property, but only if the lease allows it.¹

When you move out: the deadline and the itemized list

These are the steps from deciding to leave to getting your money back, with what the four states’ laws say:

From your move-out notice to your refund

1. 1. Check the notice your lease requires

   Before you give notice

   Many leases require a 30-day notice as a condition of returning the deposit.⁸ In Texas, that condition only counts if it is underlined or in conspicuous bold print.⁷

2. 2. Ask for an inspection before you leave

   In the last two weeks before you move out

   In California and New York, the landlord must tell you in writing that you can request one and be present. You get a list of planned deductions and time to fix things before you leave.⁵¹

3. 3. Take photos when you hand it back

   The day you move out

   Repeat the date-stamped photos of every room. In California, the landlord must also take photos when you return the unit.¹

4. 4. Give your new address in writing

   When you hand over the keys

   In Texas, the landlord does not have to refund the deposit until you do, though you do not lose your right by not giving it. In Florida, the disclosure you get at signing says you must give it when you move out.⁹⁷

5. 5. Get the itemized statement and the rest of the deposit

   21 days in California, 14 in New York, 30 in Texas

   In California, if repair and cleaning deductions exceed $125, the statement comes with copies of receipts, or the time spent and hourly rate; if not, you can still ask for those papers within 14 days.⁵⁷¹

6. 6. In Florida, answer on time

   15 days from receiving the notice

   Object in writing to the notice of deductions. If you do not, the landlord deducts, but you can still claim damages later in a separate case.⁹

7. 7. If it does not arrive or you disagree, ask in writing

   When the deadline passes

   A letter to the landlord, with a copy for you. If there is no answer, a complaint to your state or small claims court.⁴

If you do not get it back: how to ask and where to complain

1. Ask in writing. The California courts say that if you do not get the whole deposit on time or disagree with the deductions, you can send the landlord a letter and keep a copy.⁴ Florida law advises trying to settle before suing,⁹ and the Texas Attorney General says to contact the landlord if you have no answer after 30 days.⁸

2. File a complaint with your state.

• New York: the Attorney General may be able to help through its rent security complaint form.⁶
• Texas: you can file a complaint with the Attorney General.⁸
• Florida: you can file a complaint with FDACS or go to court.¹⁰
• Other states: USAGov suggests reading your lease carefully, then finding your state agency for tenant rights, such as the attorney general or housing agency.¹¹

3. Go to small claims court. In California, a deposit case can go to small claims court if the amount is within its limit.¹⁴ This is what the laws say when a landlord does not comply:

State	What the law says
California	For bad faith, up to twice the deposit plus actual damages; the landlord must prove the charges are reasonable1
New York	No statement within 14 days means the landlord forfeits the right to keep any of it; up to twice the deposit for willful violations5
Texas	For bad faith, $100, plus three times the amount wrongfully withheld, plus reasonable attorney’s fees; bad faith is presumed after 30 days7
Florida	The winner, tenant or landlord, receives court costs and a reasonable attorney’s fee, generally paid by the losing party9

Complaining is your right. Florida’s agency explains that a landlord may not evict you solely in retaliationlandlord retaliationLandlord retaliation happens when the landlord punishes you for using a legal right. For example, the landlord tries to evict you because you complained in good faith to a government office about health or safety problems in the home, or because you organized with other tenants. Not every state recognizes it, and each one defines and proves it differently. In addition, the federal Fair Housing Act prohibits retaliating against a person for filing a housing discrimination complaint or taking part in that process.See the full definitionClose for complaining to a government agency or asserting your tenant rights.¹⁰ If you also got an eviction notice, see your state’s eviction timeline and the guide What to do if you get an eviction notice.

You do not have to do this alone. The LSC funds civil legal aidlegal aidLegal aid is the free civil legal help that nonprofit organizations and their lawyers provide to low-income people in civil, not criminal, matters. In housing, that includes representing families facing eviction or foreclosure, alongside matters such as custody, child support, protection from domestic violence and access to benefits. In the United States, the Legal Services Corporation, created by Congress, funds a nationwide network of these organizations; its finder points you to the one in your area. Each sets its own income limits.See the full definitionClose for low-income Americans, and its search tool finds an organization near you.¹² A HUD-approved housing counselorHUD-approved housing counselorA HUD-approved housing counselor works at an agency HUD has approved to provide housing counseling: independent, expert advice customized to your situation about buying a home, renting, a missed mortgage payment, a foreclosure or credit problems. The agencies usually charge little or nothing; many serve in Spanish and offer the homebuyer education course several assistance programs require. They are not lenders or real estate agents and sell you nothing. Your county page lists the official agencies with phone numbers.See the full definitionClose also gives advice on renting, often at little or no cost.¹³

Costly mistakes

• Mistake: Moving in without date-stamped photos of every room.

  Instead: Take photos or video the day you move in, send a copy to the landlord and keep one.¹⁰

• Mistake: Paying the deposit in cash with no receipt.

  Instead: Pay in a way that leaves a record: in California, a canceled check or a receipt works as proof.¹

• Mistake: Skipping the last month's rent so the landlord uses the deposit.

  Instead: In Texas that is presumed bad faith and can cost you three times that rent.⁷

• Mistake: Leaving without giving your new address in writing.

  Instead: In Texas, the landlord does not have to refund it until you do; put it in writing and keep a copy.⁷

• Mistake: Ignoring a notice of deductions in Florida.

  Instead: You have 15 days from receiving it to object in writing.⁹

• Mistake: Accepting a charge for a carpet worn down by normal use.

  Instead: Normal wear and tear cannot be deducted in California, New York or Texas.¹

What to do this week

1. Find your state’s page under Places and write down the deposit cap and the return deadline.²
2. If you are moving into a new place, ask for a move-in inspection and take date-stamped photos of every room.¹⁰
3. Keep the deposit receipt and a signed copy of your lease.¹
4. If you are moving out, check how much notice your lease requires and give your new address in writing.⁷
5. If the deadline has passed, send the landlord a letter asking for the deposit and keep a copy; if there is no answer, file a complaint or go to small claims court.⁴¹¹