Security Deposit Law Guide By State
For All 50 States & DC

© 2014 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:

 

 

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.
 

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