Security Deposit Law Guide 50 States

Security Deposit Law Guide By State
For All 50 States & DC
© 2011 Landlord.com

This is the most comprehensive summary security deposit law guide available on the Internet for all 50 states and the District of Columbia. It has been meticulously double checked and includes links to each state’s statute and an authoritative publication, not a blog or newspaper column filler. Resources include:

Live link of security deposit statute of each state
Security deposit maximum specified in each state’s law
Each state’s deadline for refund or accounting of deposits at the end of tenancy
Whether your state requires interest payment to the tenant
Whether the deposit must be placed in a separate and exclusive escrow or bank account
What deductions from the deposit are authorized by the state’s statute
Whether joint walkthrough at new tenancy and or conclusion of tenancy is required
Whether a written accounting of the disposition of the deposit is required
A live link to an authoritative pamphlet or other publication summarizing each state’s security deposit law

Click underlined words for more information or how to comply with specific requirement.

STATE & STATUTE	MAXIMUM SECURITY DEPOSIT AMOUNT	INTEREST PAID TO TENANT?	DEPOSIT KEPT IN SEPARATE BANK ACCOUNT?	CHARGES LANDLORDS CAN MAKE AGAINST DEPOSIT	WALK- THROUGH INSPECTION REQUIRED?	WRITTEN ACCOUNT-ING OF CHARGES TO DEPOSIT?	NUMBER OF DAYS TO REFUND OR ACCOUNTING DEADLINE	PUBLI-CATION?
Alabama AL. Code Sec. 35-9A-201	1 month rent, plus reasonable amount for pets, changes to premises, increased liability risk	No	No	Unpaid rent and damage above normal wear and tear and cleaning	No	Yes	35 days after termination of tenancy and delivery of possession	Click here
Alaska AK Code Sec. 34.03.070	Two months rent, but no limit if rent more than $2000	No	Yes, see statute, bank or S&L, may be commingled with other deposits	Unpaid rent and damage above normal wear and tear and cleaning	No	Yes	14 or 30 days depending on termination notice	Click here
Arizona ARS 33-1321	One and one-half month, but tenant may pay more voluntarily	No	No	Rent, other lease charges, damage over normal wear and tear, or other damage	Yes	Yes	14 business days	Click here
Arkansas Searchable Code off line, click here and use PDF search “security deposit” Sec 18-16-301	Two months	No	No	Accrued rent and damage for breach of lease	No	Yes	60 days	Click here
California Civ. Code Sec 1950.5	Two months unfurnished, three months furnished	No	No	Rent, other lease charges, damage over normal wear and tear	Yes	Yes	21 days	Click here
Colorado CRS Sec. 38-12-103	None	No	No	Rent, other lease charges, damage over normal wear and tear	No	Yes	One month or up to 60 days per lease	Click here
Connecticut Statutes Chap 831 Sec. Sec. 47a-21	Two month if Tenant under 62, one month if 62 or over	Yes	Yes, see statute for type	Rent, other lease charges, damage over normal wear and tear	No	Yes	30 days or 15 days after written notice of forwarding addr., whichever is later	Click here
Delaware Del Stat. Title 25, Chap 55 § 5514	No limit but amount over 1 month rent must be refunded after first year of tenancy. Plus one month for pets or additional unspecified for furnished unit.	No.	Yes	Rent, other lease charges, damage over normal wear and tear	No.	Yes.	20 days if no deductions, or 20 days with written accounting and refund of balance if there are. Tenant must object in writing within 10 days.	Click Here
District of Columbia		Yes	Yes, escrow account	Governed by lease agreement.	No	Yes	45 days to refund or notify of withholding, 30 days after notification of withholding	Click here
Florida Title VI, Sec 83.49	None	Sometimes, see statute	Yes, see statute for procedure	Rent, other lease charges, damage over normal wear and tear	No	Yes	15 days if no charge against deposit, 30 days if there is. Tenant may object.	Click here
Georgia Georgia Off. Code Sec 44-7-30, et seq.	None	No	Yes, or landlord must obtain surety bond	Rent, other lease charges, damage over normal wear and tear	Yes	Yes	One month	Click here
Hawaii HRS Sec. 521-44	One month rent	No	No	Rent, other lease charges, damage over normal wear and tear, breach of lease	No	Yes	14 days	Click here
Idaho Idaho Statutes Title 6, Chap. 3, Sec. 6-321	None	No	No	Determined by agreement of the parties, except that may not be used to remedy normal wear and tear	no	Yes	21 days, or up to 30 if lease so provides	Click here
Illinois 765 ILCS 705 to 715	None	Yes, if 25 or more units	No	Rent, other lease charges, damage over normal wear and tear, breach of lease	No	Yes	45 days of moveout if no deductions, written accounting and partial refund in 30 days if deductions	Click here
Indiana Indiana Code Sec. 32-31-3	None	No	No	Breaches of lease, damage to unit, unpaid utilities and sewer, unpaid rent	No	Yes	45 days	Click here
Iowa Iowa Code Title XIV Sec. 562A12	Two months’ rent	After five years	Yes, separate from landlord funds	Rent, damage over normal wear and tear, cost of recovering possession where tenant withholds in bad faith	No	Yes	30 days	Click here
Kansas Kansas Statutes Sec. 58-25,108	Two months’ rent	No	Yes, separate from landlord funds	Rent, damage over normal wear and tear, breaches of lease	No	Yes	30 days	Click here
Kentucky KRS Sec 383.580	None	No	Yes, separate from landlord funds	Rent, damage over normal wear and tear, breaches of lease	Yes, at beginning and end of tenancy	Yes	30 days, and if tenant does not claim refund or dispute accounting landlord may retain whole deposit	Click here
Louisiana Louisiana RS Sec. 9- 3251	None	No	No	Damage over normal wear and tear and defaults under lease	No	No	One month, but only if tenant does not wrongfully abandon premises	Click here
Maine MRS 14 Sec. 6031 et seq. Does not apply to owner occupied buildings less than 5 units	Two months	No	Yes, without commingling	Unspecified but normal wear and tear is excluded, utilities, costs of storage of property may be deducted	No	Yes	Written lease 30 days, tenancy at will 21 days	Click here
Maryland Maryland Code, Real Property, Sec. 8-203	Two months	Yes	Yes, in a federally insured financial institution	Unpaid rent, breach of lease, damage over normal wear and tear	Yes	Yes	45 days unless cause for longer time	Click here
Massa-chusetts MGL Chap. 186, Sec. 15A	One month	Yes	Yes, without commingling	Unpaid rent or water charges, increased real estate taxes if provided in lease, damage over normal wear and tear	Yes	Yes	30 days	Click here
Michigan MCL Sec. 554.601, et Seq.	One and one-half months		Yes, sequestered, but not if surety bond posted by LL	Unpaid rent, utility bills, breach of lease, damage over and above normal wear and tear. Read statute for rules.	Yes, inv. checklists	Yes	30 days. Read statute for rules.	Click here
Minnesota Minn. Stats Sec. 504B-178	None	Yes	No	Unpaid rent, damage over normal wear and tear, cleaning	No	Yes	Three weeks	Click here
Mississippi Miss. Code Sec. 89-8-21	None	No	No	Breach of lease, damage over normal wear and tear, unpaid rent	No	Yes	45 days	Click here
Missouri MRS 535.300	Two months’ rent	No	No	Breach of lease, damage over normal wear and tear, unpaid rent	No	Yes	30 days	Click here
Montana Montana Code Sec. 70-25-201 & foll	None	No	No	Breach of lease, damage over normal wear and tear, unpaid rent	Yes	Yes	10 to 30 days	Click here
Nebraska Nebr. Statutes Sec. 76-1416	One month’s rent plus ¼ month pet	No	No	Breach of lease, damage over normal wear and tear, unpaid rent	No	Yes	14 days after Tenant demands and provides mailing address	None
Nevada NRS 118A-240 & foll.	3 months’ rent including last month rent deposit	No	No	Unpaid rent, damage over normal wear and tear, cleaning	No	Yes	30 days	Click here
New Hampshire RSA 540-A	One month’s rent if landlord owns more than six units, but no limit if landlord owns six units or fewer	Yes, if deposit held for 12 months or more	Yes, unless bond posted with town clerk	Unpaid rent, share of real estate taxes, damage over normal wear and tear	No	Yes	30 days	Click here
New Jersey NJSA:46-19	If owns 10 or m	Yes	Yes, see chart	Rent or damage above normal wear and tear	No	Yes	30 days	Click here
New Mexico New Mexico Statutes Sec. 48-8-18	Reasonable, if more than one month, interest to be paid, if lease for less than one year, only one month rent	Yes, if more than one month	No	Breach of lease, rent, damage over normal wear and tear	No	Yes	30 days	Click here
New York Laws of New York, GOB, Article 7, Title 1 Rent & Eviction Regs Sec. 2105.5	One month’s rent, two months if unit initially rented with two month deposit	Yes, if 6 or more units or if money placed in an interest bearing account and the property contains fewer than 6 units	No commingling, interest bearing account required if 6 or more units	See local borough or county rent office	See local borough or county rent office	See local borough or county rent office	See local borough or county rent office	Click here and here
North Carolina NCGS Sec 42-50 & foll.	Week to week, two weeks. Month to month, 1½ month. More than one month, two months. Plus nonrefundable reasonable pet fee.	No.	Yes, no commingling. See statute.	Damage over normal wear and tear, unpaid rent, certain utility charges.	No	No	30 to 60 days, see statute.	Click here
North Dakota Century Code Sec. 47-07-16.1 & foll.	One month’s rent plus pet deposit up to $1500	Yes	Yes, federally insured, interest bearing	Unpaid rent, damage over normal wear and tear, cleaning	No	Yes	30 days	Click here
Ohio ORS Sec. 5321.16	None	Important-Please Read Footnote Below	No	Unpaid rent, damage over normal wear and tear	No	Yes	30 days	Click here
Oklahoma OK Resid. Landlord and Tenant Act Sec. 41-115	None	No, see statute	Yes, escrow	Unpaid rent, damage over normal wear and tear, breach of lease	No	Yes	30 days	Click here
Oregon ORS Sec. 90-300 & foll	None			Unpaid rent, damage over normal wear and tear, breach of lease	No	yes	31 days	Click here
Pennsyl-vania 68 Pa. Cons. Stats. Chapter 8, Sec. 250.511a, see Unofficial Purdon’s Pennsylvania Statutes from West	2 months’ for one year, 1 month’s for more	Yes, if held more than 2 years, see statute	Yes, escrow, see statute	Unpaid rent, damage over normal wear and tear, breach of lease	No	Yes	30 days	Click here
Rhode Island RI General Laws Sec. 34-18-19	One month’s rent	No	No	Unpaid rent, damage over normal wear and tear	No	Yes	20 days	Click here
South Carolina SC Code of Laws Sec. 27-40-410	None, see statute	No	No	Unpaid rent, damage over normal wear and tear	No	yes	30 days	Click here
South Dakota SD Codified Laws Sec. 43-32-6.1 & foll.	One month’s rent except special circumstances, see statute	No	No	Unpaid rent, damage over normal wear and tear, other money owed	No	Yes	Two weeks, see statute	Click here
Tennessee Tennessee Code Sec. 66-28-301	None	No	Yes	Amounts owing, damage over normal wear and tear	Yes	Yes	Ten days, see statute	Click here
Texas Texas Property Code Sec. 92.102 & foll.	None	No	No	Breach of lease and normal wear and tear	No	Yes	30 days	Click here
Utah Utah Code Sec. 57-17-1 & foll.	None	No	No	Unpaid rent, damage over normal wear and tear, cleaning, breach of lease	No	Yes	30 days	Click here
Vermont VSA Title 9, Chapter 137, Section 4461	None	No	No	Unpaid rent, damage over normal wear and tear, removal of abandoned property, utility nonpayment	No	Yes	14 days	Click here
Virginia Code of Virginia Title 55, Chapter 13.2, Sec. 55-248.15:1	Two months’ rent	Yes, if tenancy more than 13 months	No	Rent, breach of lease, damage over normal wear and tear	yes	Yes	45 days, see statute	Click here
Washington RCW Sec. 59.18.260 & foll	None	No	Yes	Per written contract and condition checklist	Yes	Yes	14 days	Click here
West Virginia	None	No	No	No regulation	No	No	None	Click here
Wisconsin ATCP Chapter 134	None	No	No	Unpaid rent, damage over normal wear and tear, removal of abandoned property, utility nonpayment	Yes	Yes	21 days	Click here
Wyoming Wyoming Statutes, Article 12, Sec. 1-21-1208	None	No	No	Rent, damage over normal wear and tear, cleaning, other costs per contract	No	Yes	30 days after termination or 15 days after Tenant provides new address. Utility deposit, 10 to 45 days.	None
Footnote: OH Any security deposit in excess of fifty dollars or one month’s periodic rent, whichever is greater, must bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and must be computed and paid annually by the landlord to the tenant. 2011 Landlord.com. All rights reserved. No unauthorized reproduction of the contents of this publication is permitted. See Copyright warning. Any violators will be prosecuted to the fullest extent by law

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