BuildMyLeaseSecurity deposit laws by state

ReferenceCompared across 20 states

Security Deposit Laws by State (2026)

Security deposit rules are state law, and they differ on the three questions that decide real disputes: how much you can charge, how fast it has to come back, and what it costs you to get either one wrong. The table below compares all twenty states BuildMyLease covers; below it, each state gets a short plain-English summary with links to the state's lease page and — where we've published one — a statute-by-statute deep dive.

Every figure is drawn from the same per-state rules that drive our lease generator, with the controlling statute cited in the last column. This is general information, not legal advice.

The comparison table

StateDeposit capReturn deadlinePenalty exposureStatute
Arizona1.5 months' rent14 business daysDouble the wrongfully withheld amount + attorney's feesA.R.S. § 33-1321
California1 month (2 for qualifying small landlords)21 daysUp to 2× the deposit for bad-faith retentionCal. Civ. Code § 1950.5
Colorado2 months' rent (since Aug 7, 2023)1 month (lease may extend to 60 days)Treble damages + attorney's fees for willful withholdingC.R.S. §§ 38-12-102.5, -103
FloridaNo statutory cap15 days (no deductions) / 30 days to mail a claimMissing the 30-day claim window forfeits the right to withholdFla. Stat. § 83.49
Georgia2 months' rent (since July 1, 2024)30 daysTreble the wrongfully withheld amount + attorney's feesO.C.G.A. §§ 44-7-30.1, -34, -35
IllinoisNo state cap (Cook County RTLO: 1.5 months)30-day itemization / 45-day return (5+ unit buildings)Chicago RLTO: two months’ rent in statutory damages765 ILCS 710/1; Chi. Mun. Code § 5-12-080
IndianaNo statutory cap45 daysFull deposit + attorney's fees (no multiplier)IC 32-31-3-12
Maryland1 month's rent (since Oct 1, 2024)45 daysUp to 3× the withheld amount + attorney's feesMd. Code, Real Prop. § 8-203
Massachusetts1 month's rent30 daysTreble damages + 5% interest + costs + attorney's feesM.G.L. c. 186, § 15B
Michigan1.5 months' rent30 daysDouble damages; suit required within 45 days to keep contested deductionsM.C.L. §§ 554.602–.613
MinnesotaNo statutory cap21 days (5 if the building is condemned)Bad-faith retention exposes the landlord to statutory penaltiesMinn. Stat. § 504B.178
New Jersey1.5 months' rent (+10% annual increase cap)30 daysDouble the wrongfully withheld amountN.J.S.A. 46:8-21.1, -21.2
New York1 month's rent (HSTPA 2019)14 daysMissing the 14-day window forfeits the right to retainN.Y. Gen. Oblig. Law § 7-108
North CarolinaTiered: 2 weeks / 1.5 months / 2 months by tenancy term30-day interim / 60-day final accountingNon-compliance forfeits the right to retainN.C.G.S. §§ 42-50–42-52
OhioNo statutory cap30 daysDouble the wrongfully withheld amount + attorney's feesO.R.C. § 5321.16
Pennsylvania2 months year one; 1 month after30 daysDouble the difference for failure to itemize68 P.S. §§ 250.511a–.512
TennesseeNo statutory capNo fixed deadline; 30-day damage-discovery window (URLTA counties)Damages found outside the discovery window aren’t chargeableTenn. Code § 66-28-301
TexasNo statutory cap30 days (after a written forwarding address)$100 + 3× the wrongfully withheld amount + attorney's feesTex. Prop. Code §§ 92.103–.109
Virginia2 months' rent45 daysNo statutory multiplier; interest owed on terms over 13 monthsVa. Code § 55.1-1226
WashingtonNo statewide cap30 days (amended 2024)No signed move-in checklist ⇒ no deposit may be withheldRCW 59.18.260–.280

State-by-state details

Arizona

Arizona caps the deposit at one and a half months’ rent and counts the return deadline in business days — 14, excluding weekends and legal holidays. A move-in checklist is required before a deposit is taken, and wrongful withholding exposes the landlord to double damages.

California

Since AB 12 (July 2024), most California landlords may hold no more than one month’s rent — two months for an individual owning no more than two residential properties totaling four units. The deposit and an itemized statement are due 21 calendar days after the tenant surrenders possession, tenants may request a pre-move-out inspection with a chance to cure, and AB 2801 requires move-in, move-out, and post-repair photographs to support deductions.

Colorado

Colorado’s default return window is one month, extendable to at most 60 days by lease. Willful wrongful withholding forfeits the deposit and triggers treble damages plus attorney’s fees.

Florida

Florida runs two clocks: 15 days to return the deposit in full, or 30 days to send a certified-mail itemized claim if you intend to deduct — after which the tenant has 15 days to object. The account or bond holding the deposit must be disclosed to the tenant within 30 days of receipt.

Georgia

Georgia’s 2024 Safe at Home Act capped the total of all refundable deposits at two months’ rent. Larger operators (10+ units, or any landlord using a management company) also owe escrow and move-in inspection duties, and bad-faith retention runs to treble damages.

Illinois

Illinois has no statewide cap, but the state-level return rules bind buildings of five or more units, interest attaches at 25+ units — and Chicago’s RLTO plus the Cook County RTLO layer far stricter handling, caps, and penalties on top.

Indiana

Indiana gives landlords 45 days from termination (and the tenant’s forwarding address) to return the deposit with an itemized statement. Deductions are limited to accrued rent, damages, and unpaid utility or sewer charges; no interest is required.

Maryland

Maryland cut its cap to one month’s rent in 2024. Deposits live in an escrow account at a Maryland financial institution, earn interest at the greater of 1.5% per year or the one-year Treasury yield, and the deposit receipt must carry seven specific statutory advisements.

Massachusetts

The strictest regime in the country: a separate interest-bearing Massachusetts bank account, a statement of condition within 10 days, 5% (or bank-rate) interest paid annually, and a sworn itemized statement at move-out. Several procedural failures forfeit the deposit outright and carry treble damages.

Michigan

Michigan runs on deadlines: a 14-day bank/surety notice, inventory checklists at both ends, a 30-day itemized list — and if the tenant disputes deductions, the landlord must sue within 45 days of move-out or return the money. Bad-faith retention doubles the liability.

Minnesota

Minnesota requires the deposit to earn interest for the tenant and to come back — with interest and any itemized statement — within three weeks of the tenancy ending and a forwarding address. Move-in and move-out inspections must be offered.

New Jersey

New Jersey caps the deposit at one and a half months’ rent and even caps how fast it can grow — 10% per year. The deposit sits in an interest-bearing account disclosed to the tenant within 30 days, with interest paid or credited annually.

New York

New York’s 2019 reforms capped deposits at one month and set the fastest return clock of any state we cover: 14 days, with an itemized statement. Buildings of six or more units must hold the deposit in an interest-bearing New York account.

North Carolina

North Carolina keys the cap to the tenancy: two weeks’ rent for week-to-week, 1.5 months for month-to-month, two months for longer terms. The deposit lives in a North Carolina trust account (or is bonded), and the accounting runs on a 30-day interim / 60-day final schedule.

Ohio

Ohio’s quirk is interest: any deposit above $50 or one month’s rent (whichever is greater), held six months or more, earns 5% per year on the excess. The 30-day itemized return runs from termination plus the tenant’s forwarding address, and wrongful withholding doubles.

Pennsylvania

Pennsylvania’s cap steps down over time — two months’ rent in the first year of the lease, one month after — with an escrow-and-interest regime kicking in from the third year for deposits over $100. Miss the 30-day itemized return and the exposure doubles.

Tennessee

Tennessee’s URLTA — which applies only in its five largest counties — requires a separate deposit account with the tenant notified of its location, and damage claims must be identified before the earlier of 30 days after vacating or 7 days after a new tenant moves in.

Texas

Texas’ 30-day clock only starts when the tenant surrenders the unit and provides a written forwarding address. Bad faith is presumed once day 30 passes, and the penalty math — $100 plus treble the withheld amount plus fees — dwarfs most deposits.

Virginia

Virginia allows up to two months’ rent and gives landlords 45 days from termination to return the balance with an itemized statement. Tenants may request a move-out inspection within 72 hours of delivery of possession, and long tenancies accrue deposit interest.

Washington

Washington conditions the deposit itself on paperwork: without a written rental agreement and a signed move-in condition checklist, no deposit may be collected or withheld. The deposit sits in a trust account named in the lease, and the return window is 30 days after 2024 amendments.

Patterns worth knowing

The coasts cap; the middle doesn't. One-month caps now rule California, New York, Massachusetts, and Maryland, while Texas, Florida, Ohio, and Indiana set no ceiling at all — there, the return mechanics and penalty multipliers do all the regulating.

Paperwork can be a precondition. Washington voids the deposit without a signed move-in checklist; Michigan requires checklists at both ends plus prescribed notice text; Massachusetts adds a statement of condition and a segregated bank account. In these states the deposit is only as good as the file behind it.

Multipliers are the real number. Treble damages (Massachusetts, Texas, Colorado, Georgia, Maryland) and double damages (Michigan, Ohio, Arizona, New Jersey, Pennsylvania) mean a mishandled $2,000 deposit is rarely a $2,000 problem. The cheapest insurance is a lease and a process that follow the statute from day one.