A security deposit follows the tenancy from start to finish. How much can be taken at move-in, whether it earns interest while it’s held, what can come out of it, and when the rest is due back all depend on the state, and sometimes the city or how many units the landlord owns. There is no national rule for any of it. The one habit that helps on both sides is writing things down: the move-in condition, the account, the move-out date and the forwarding address.
This page is general information, not legal or tax advice. Landlord and tenant law varies by state and city, and changes. Ask the court, your state agency, a lawyer or legal aid about your case.
This guide takes a deposit in the order things happen and points to the page that goes deep on each step. State figures appear only where we read them in the statute, with the date. Start where you are:
- A lease is about to be signed.
- The deposit has been held a while.
- The tenant has moved out and something needs fixing or cleaning.
- You’re counting the days to the refund.
- The deadline has passed or the amount is disputed.
At move-in: how much, and what it’s called
Some states cap the deposit and some set no cap at all. These are the states whose deposit sections we read for our state pages:
| State | Deposit limit | Law and date read |
|---|---|---|
| Arizona | 1.5 months’ rent, counting prepaid rent | A.R.S. 33-1321(A), read 6 Nov 2026 |
| California | One month’s rent for security collected from 1 July 2024. Two months for a small owner (see below) | Civ. Code 1950.5(c), read 6 Nov 2026 |
| Florida | None in the section | F.S. 83.49, read 5 Nov 2026 |
| Pennsylvania | 2 months’ rent in the first year; 1 month in the second and later years or on renewal | Landlord and Tenant Act s.511.1, read 5 Nov 2026 |
| Texas | None in the sections read | Prop. Code 92.101 to 92.109, read 5 Nov 2026 |
| Virginia | 2 months’ periodic rent | Va. Code 55.1-1226(A), read 5 Nov 2026 |
| Washington | None in the chapter; Seattle and Tacoma limit move-in costs | RCW 59.18.260, read 6 Nov 2026 |
Every other state is not confirmed here. California’s two-month exception shows why unit counts matter: it applies to a landlord who is a natural person, or an LLC whose members are all natural persons, owning no more than 2 residential rental properties with no more than 4 units in total, unless the tenant is a service member. Our page on rules that change with how many units you own collects that and similar lines. The state pages, such as Pennsylvania landlord and tenant law, put the deposit rules beside the rest of the state’s code, and our guide to becoming a landlord sets out what to check before the first lease.
The label on the money matters too. A California lease can’t call any security “nonrefundable” (Civ. Code 1950.5(n)). Washington allows a nonrefundable fee only if the written agreement clearly says so, or it’s treated as a refundable deposit (RCW 59.18.285). Arizona needs the purpose of a nonrefundable fee stated in writing (33-1321(B)).
Then record the condition, because every later deduction is measured against it. Washington bars collecting a deposit without a signed move-in checklist that describes the unit’s condition and cleanliness (RCW 59.18.260). Arizona requires a move-in form for existing damage (33-1321(C)), and California now requires photographs for tenancies that started on or after 1 July 2025 (1950.5(g)).
While it’s held: the account and the interest
Some states say where the money sits. Florida, for one, requires a separate account in a Florida financial institution or a surety bond (83.49(1)). Interest is a separate question again: some states require it, some leave it to the lease, and some cities add a rule where the state has none.
On a $1,500 deposit held from 1 January 2025 to 1 July 2026, our security deposit interest calculator estimates $88.58 under Maryland’s rule, $22.50 under Minnesota’s and $11.48 under Connecticut’s. The rules behind those figures differ. Maryland uses the 1-year Treasury rate or 1.5%, whichever is higher, which made 3.47% for 2026. Minnesota uses 1% simple. Connecticut’s state deposit index is 0.49% for 2026. Pennsylvania’s interest rule starts only after the second anniversary of a deposit over $100.
Silence is common too. The sections we read for California, Texas, Arizona and Virginia give the tenant no interest, and in Missouri interest earned on a deposit belongs to the landlord. But San Francisco, Los Angeles and Berkeley have their own interest rules for covered units, though California’s statute is silent, and New York’s account duty starts at six units. The calculator page lists the conditions for each rule it covers.
At move-out: what can come out of it
Most disputes are about deductions, and cleaning is the most common one. None of the 12 states we read for what a landlord can charge for cleaning sets a dollar limit. The same four questions keep coming up instead: how clean the unit was at move-in, whether the problem is dirt or ordinary wear, whether the amount is reasonable and real, and whether it was itemized on time.
Nine of those 12 states bar charging for wear in the sections we read, in slightly different words, and the line has moved recently. Since 1 January 2026, Colorado counts ordinary uncleanliness as wear, but not a unit left substantially less clean than at the start. In August 2025, Massachusetts’s top court held void a lease clause that required professional cleaning at move-out or listed charges, because it allowed deductions with no allowance for reasonable wear and tear (Peebles v. JRK Property Holdings). California allows professional cleaning charges only when reasonably necessary to return the unit to its move-in condition, and Washington allows carpet cleaning only where the landlord documents wear beyond ordinary use.
Unpaid rent and damage beyond wear are the other usual deductions. A tenant who leaves early can owe money beyond the deposit, which our page on the cost of breaking a lease covers.
The deadline to return it
Of the 28 places whose law we read for how long a landlord has to return a deposit, 10 use 30 days as the main deadline. The range runs from 14 days in New York to Alabama’s 60. California gives 21 calendar days after the tenant vacates (1950.5(h)).
The number is only half the answer, because the clock doesn’t start at the same event everywhere. Some states count from move-out, some from the end of the tenancy, some from when the landlord has the tenant’s address, and some from the tenant’s demand. In Texas, for example, the landlord has no duty to refund or itemize until the tenant gives a written forwarding address (Prop. Code 92.107). A tenant who gives proper notice and a written address helps the clock start on time, and our guide to the 30-day notice to vacate covers the notice itself.
The refund is often not all that’s due by that date. Most of the statutes we read also want a written, itemized reason for anything kept, and some want receipts, estimates or invoices with it. A sound charge can fail if the statement is late.
If the deadline is missed or the amount is disputed
The consequences are set by each law and can be far larger than the charge in dispute. In Texas, bad-faith retention means $100, three times the amount wrongfully withheld and attorney’s fees, and missing the 30th day is presumed bad faith (92.109). In New York, a landlord who misses the 14 days forfeits any right to keep any of the deposit. In California, bad-faith retention can bring up to twice the security plus actual damages (1950.5(m)). Other states need bad faith or wilful conduct, and a court decides that on the facts. Colorado and Utah ask the tenant to give notice before some remedies apply.
Seller pages and search summaries still repeat older figures, such as 30 days for Connecticut, which the history note to its section says was cut to 21. Check the current statute rather than a summary.
Your next step
Find your state’s row on the deadlines page, open the section it cites and note the event that starts the clock. Then set the move-in record beside any charge. If your state isn’t covered yet, our state rules pages list what we have read, and the state attorney general’s consumer office or a local court can point to the code. For a dispute, the local court’s small claims office can explain how a deposit claim is filed, and tenants can look for legal aid through the Legal Services Corporation. A landlord with a question about a penalty can ask a local lawyer. Check soon: deadlines keep running.
Sources checked on 5 and 6 November 2026, on the pages linked above.
