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Deposits

Security deposit laws by state

Every state's security deposit cap, return deadline, and wrongful-withholding penalty in one table, each linking to a plain-English state page.

6 min read

Security deposit law is state law, and the spread is wider than most landlords expect: the same move-out that is fully compliant in Texas can be a treble-damages mistake in Maryland. Three numbers decide most of it, and they are all in the table below: how much you can collect, how many days you have to return it, and what it costs to get either one wrong.

Every row links to a plain-English page on that state's rules, with the statute cited and the cap, return clock, itemization, holding, and penalty fields shown before any general guidance. Each state's numbers were verified against the statute text and official state sources in July 2026. The practices that do not change at the state line, wear and tear versus damage, itemization discipline, the paper trail, live in the guide to security deposits for landlords.

The table: cap, deadline, and penalty in every state

StateMax depositReturn deadlineWrongful withholding
AlabamaOne month's rent35 daysWrongfully withheld amount plus damages
AlaskaTwo months' rent14 daysUp to 2x for bad-faith retention
ArizonaOne and a half months' rent14 business daysUp to 2x wrongfully withheld
ArkansasTwo months' rent60 daysUp to 2x for bad-faith retention
CaliforniaOne month's rent21 daysUp to 2x statutory damages for bad faith
ColoradoTwo months' rent30 daysTreble damages plus attorney fees (willful)
ConnecticutTwo months' rent30 daysUp to 2x for bad-faith retention
DelawareOne month's rent20 daysUp to 2x wrongfully withheld
District of ColumbiaOne month's rent45 daysUp to 3x for bad-faith retention
FloridaNo statutory limit15 or 30 daysForfeit claim; damages plus fees
GeorgiaTwo months' rent30 daysUp to 3x plus attorney fees
HawaiiOne month's rent14 daysUp to 3x wrongfully withheld
IdahoNo statutory limit21 daysWrongfully withheld amount plus fees
IllinoisNo statutory limit30 or 45 daysUp to 2x plus attorney fees (bad faith)
IndianaNo statutory limit45 daysForfeit deductions plus attorney fees
IowaTwo months' rent30 daysPunitive damages for bad faith
KansasOne month's rent30 daysUp to 1.5x wrongfully withheld
KentuckyNo statutory limit30 to 60 daysForfeit deductions; deposit plus fees
LouisianaNo statutory limit30 daysGreater of $300 or 2x (bad faith)
MaineTwo months' rent30 daysUp to 2x plus attorney fees (bad faith)
MarylandOne month's rent45 daysUp to 3x plus attorney fees
MassachusettsOne month's rent30 daysTreble damages plus interest and fees
MichiganOne and a half months' rent30 daysUp to 2x for noncompliance
MinnesotaNo statutory limit21 daysPunitive $500 plus amount (bad faith)
MississippiNo statutory limit45 daysWrongfully withheld amount plus damages
MissouriTwo months' rent30 daysUp to 2x wrongfully withheld
MontanaNo statutory limit10 or 30 daysUp to 3x for bad-faith retention
NebraskaOne month's rent14 daysWrongfully withheld amount plus fees
NevadaThree months' rent30 daysUp to actual damages plus the amount
New HampshireOne month's rent or $10030 daysUp to 2x for bad-faith retention
New JerseyOne and a half months' rent30 daysUp to 2x plus attorney fees
New MexicoOne month's rent30 daysForfeit deductions plus $250 and fees
New YorkOne month's rent14 daysUp to 2x for willful violation
North CarolinaTwo months' rent30 daysForfeit deductions plus damages
North DakotaOne month's rent30 daysUp to 3x for bad-faith retention
OhioNo statutory limit30 daysUp to 2x plus attorney fees
OklahomaNo statutory limit30 days after demandUp to 2x for bad-faith retention
OregonNo statutory limit31 daysUp to 2x wrongfully withheld
PennsylvaniaTwo months' rent (first year)30 daysUp to 2x for late or unitemized withholding
Rhode IslandOne month's rent20 daysUp to 2x plus attorney fees (bad faith)
South CarolinaNo statutory limit30 daysUp to 3x plus attorney fees (bad faith)
South DakotaOne month's rent14 daysPunitive damages for bad faith
TennesseeNo statutory limitno fixed statutory deadlineForfeit right to withhold (no separate account)
TexasNo statutory limit30 days3x plus $100 and fees (bad faith)
UtahNo statutory limit30 days$100 plus damages after notice
VermontNo statutory limit14 daysForfeit deductions; 2x for bad faith
VirginiaTwo months' rent45 daysActual damages plus attorney fees
WashingtonNo statutory limit30 daysForfeit deposit; up to 2x (intentional)
West VirginiaNo statutory limit60 daysUp to 2x plus attorney fees
WisconsinNo statutory limit21 daysDouble damages plus attorney fees
WyomingNo statutory limit30 daysWrongfully withheld amount plus damages

How to read the table

The cap column shows the general rule for an ordinary unfurnished long-term rental. Several states move the ceiling for furnished units, pets, or short leases, and a few apply it only to larger landlords; the state pages carry those variations. Where the column says no statutory limit, the legislature is silent and the market sets the number.

The deadline column is the general clock, and the fine print matters more here than anywhere: some states start counting at move-out, others at lease termination or when they receive a forwarding address, a few count business days rather than calendar days, and several run a shorter deadline when nothing is deducted. The penalty column shows the headline exposure; whether it triggers automatically or only on bad faith differs by state.

One more layer: cities. Chicago, Seattle, Portland, and a number of other cities regulate deposits more tightly than their states do, so the state page is the floor, not always the whole rule.

The rules that travel

Set the move-in baseline

Write the deposit amount into the lease and photograph the unit before keys change hands. A later damage claim starts with evidence that the condition was different at move-in.

Run the deadline from the triggering event

Put the controlling date on the calendar as soon as notice arrives. Schedule the move-out inspection against that date, then send the statement and payment by a method that records when they left. State pages identify the event and clock from their own records.

Build an itemization someone else can audit

Put a description and dollar amount on every line, then keep the receipt, invoice, photograph, or other record behind it. The hard judgment is whether a line is chargeable damage or normal wear. The wear and tear versus damage guide handles that question, and the deposit return letter template provides the mailing format.

Keep custody separate from the return decision

The holding rule and the deduction rule answer different questions. Each state page reports its account or interest requirement from the state record. The guide to deposit escrow and commingling rules covers the shared account workflow.

Whatever your state, the losing pattern in deposit disputes is the same: no move-in baseline, charges at replacement price instead of prorated to remaining useful life, and a vague one-line statement. The wear and tear versus damage guide sorts the judgment calls item by item, the carpet and paint useful-life math shows the proration that keeps a charge defensible, and the deposit return letter template puts the itemized statement in a format you can mail the same day you finish the inspection.

Deposit statutes get amended, and city ordinances add rules on top. The table was verified against statute text and official state sources in July 2026, but laws change: confirm against the current statute linked on each state page, or with a local landlord-tenant attorney, before you act on any number here. This is orientation, not legal advice.

Questions landlords actually ask

Which states have no limit on security deposits?
Roughly half the states set no statutory cap on residential security deposits, including Texas, Florida, Ohio, Illinois, and Indiana at the state level. The list is shrinking: Colorado adopted a 2-month cap in 2023, Georgia followed in 2024, and California and Maryland both cut their caps to 1 month's rent in 2024. No cap does not mean no scrutiny, since a deposit far above market invites vacancy, and cities sometimes impose their own limits where the state does not.
What is the most common security deposit return deadline?
Thirty days is the most common statutory deadline, but the range is wide: New York and Hawaii give 14 days, Arizona 14 business days, California and Idaho 21, and a few states allow 45 to 60 days in specific situations. Several states run a shorter clock when there are no deductions and a longer one when there are.
Do all states require an itemized list of deductions?
Most states require a written itemized statement whenever the landlord keeps any part of the deposit, and in many of them missing the statement forfeits the right to deduct at all. A handful of states have no statutory itemization rule, but an itemized statement with receipts is still what wins a small-claims dispute everywhere.
What happens if a landlord misses the deposit return deadline?
It depends on the state: penalties range from forfeiting the right to make any deductions up to two or three times the amount wrongfully withheld, often plus attorney fees. Some penalties apply automatically, while others require the tenant to show bad faith. Each state page on this site spells out the trigger.