Security Deposit Limits by State (2026): Caps and Return Deadlines
Quick Answer
29 states cap security deposits — usually at 1–2 months’ rent — while 22 have no statutory cap at all. Return deadlines run from 14 days (New York, Alaska, Hawaii) to 60 days (Alabama, Arkansas, West Virginia). The biggest recent changes: California cut its cap to one month (AB 12, July 2024), Maryland cut its cap from two months to one (October 2024), and Colorado now caps deposits at two months (2023 law many guides still miss).
Moving out soon? The step-by-step playbook is in how to get your security deposit back, and the full timeline walkthrough is our security deposit return timeline guide.
Your security deposit is your money, held in trust. How much a landlord can demand — and how fast they must return it — depends entirely on where you live. Two states can differ by a factor of three on the cap and a month on the deadline. This guide puts all 51 jurisdictions (50 states + DC) in one statute-cited table, current for 2026.
This guide is general information, not legal advice. Statutes amend frequently — for a dispute, confirm your state’s current rule using the official source links at the state laws hub.
Table of Contents
- Key takeaways
- The complete state-by-state table
- What changed recently (2023–2026)
- What happens if the landlord misses the deadline
- The states with no cap
- Five rules that apply almost everywhere
- Frequently Asked Questions
- Related guides
Key takeaways
- The most common setup: a 1-month cap with a 30-day return window — but only a minority of states follow it exactly.
- The strictest deadlines: 14 days in Alaska, Arizona, Hawaii, Nebraska, New York, South Dakota, and Vermont.
- The loosest: 60 days in Alabama, Arkansas, and West Virginia.
- Three states changed their caps recently: California (1 month, July 2024), Maryland (2 months → 1 month, October 2024), Colorado (2 months, 2023).
- No cap doesn’t mean no rules: even in the 22 no-cap states, landlords face return deadlines, itemization requirements, and penalties for bad-faith withholding.
The complete state-by-state table
After you hand back the keys, the clock starts — but the deadline varies from 14 to 60 days depending on your state. The table below has your exact number.
Sorted alphabetically. “No cap” means no statutory maximum — the lease controls. Deadlines are the standard residential rule; some states vary them by building size or tenancy length (noted where verified).
| State | Deposit cap | Return deadline |
|---|---|---|
| Alabama | 1 month | 60 days |
| Alaska | 2 months (waived if rent over $2,000/mo) | 14 days |
| Arizona | 1.5 months | 14 days |
| Arkansas | 2 months | 60 days |
| California | 1 month (AB 12; 2 months for qualifying small landlords) | 21 days |
| Colorado | 2 months (C.R.S. §38-12-102.5) | 30 days (60 if mail-only) |
| Connecticut | 2 months (1 month if tenant is 62+) | 30 days |
| Delaware | 1 month (leases over 1 year) | 20 days |
| District of Columbia | 1 month | 45 days |
| Florida | No cap | 15 days (no deductions) / 30 days (with deductions) |
| Georgia | No cap | 30 days |
| Hawaii | 1 month | 14 days |
| Idaho | No cap | 21 days |
| Illinois | No cap | 30 days (5+ unit buildings; 45 with receipts) |
| Indiana | No cap | 45 days |
| Iowa | 2 months | 30 days |
| Kansas | 1 month (1.5 furnished) | 30 days |
| Kentucky | No cap | 30 days |
| Louisiana | No cap | 30 days |
| Maine | 2 months | 30 days |
| Maryland | 1 month (since Oct 2024; was 2) | 45 days |
| Massachusetts | 1 month | 30 days |
| Michigan | 1.5 months | 30 days |
| Minnesota | No cap | 21 days |
| Mississippi | No cap | 45 days |
| Missouri | 2 months | 30 days |
| Montana | No cap | 30 days |
| Nebraska | 1 month (1.25 with pets) | 14 days |
| Nevada | 3 months | 30 days |
| New Hampshire | 1 month or $100 (greater) | 30 days |
| New Jersey | 1.5 months | 30 days (5 business days after casualty loss) |
| New Mexico | 1 month (leases under 1 year) | 30 days |
| New York | 1 month (HSTPA 2019) | 14 days |
| North Carolina | 2 months (1.5 for terms under 1 year; 2 weeks for week-to-week) | 30 days |
| North Dakota | 1 month (2 with pets) | 30 days |
| Ohio | No cap | 30 days |
| Oklahoma | No cap | 45 days |
| Oregon | No cap | 31 days |
| Pennsylvania | 2 months (year 1; 1 month after) | 30 days |
| Rhode Island | 1 month | 20 days |
| South Carolina | No cap | 30 days |
| South Dakota | 1 month | 14 days |
| Tennessee | No cap | 30 days |
| Texas | No cap | 30 days (needs written forwarding address) |
| Utah | No cap | 30 days |
| Vermont | No cap | 14 days |
| Virginia | 2 months | 45 days |
| Washington | No cap | 30 days (since July 2023) |
| West Virginia | No cap | 60 days |
| Wisconsin | No cap | 21 days |
| Wyoming | No cap | 30 days |
Sources: each state’s landlord-tenant statute as compiled 2026 (e.g., Cal. Civ. Code §1950.5; N.Y. GOL §7-108; Tex. Prop. Code §92.103; C.R.S. §38-12-102.5; Md. Real Prop. §8-203), cross-checked against state housing-agency guidance. Deep dives: California, New York, Texas.
What changed recently (2023–2026)
Deposit law has been unusually active. If a guide you’re reading is older than 2024, check these:
| State | Change | Effective |
|---|---|---|
| California | Cap cut from 2–3 months to 1 month (AB 12); small-landlord exception keeps 2 | July 1, 2024 |
| Maryland | Cap cut from 2 months to 1 month (Renters’ Rights and Stabilization Act) | October 1, 2024 |
| Colorado | New 2-month cap (previously no cap) + just-cause eviction for 12+ month tenancies | 2023 / Aug 2025 |
| Washington | Fixed 30-day return deadline added (previously “reasonable time”) | July 23, 2023 |
| New York | 1-month cap + 14-day return + full forfeiture for late itemization (HSTPA) | 2019, still baseline |
What happens if the landlord misses the deadline
Deadlines have teeth — the penalty just varies by state:
- Forfeiture of deductions: In New York, missing the 14-day deadline forfeits the landlord’s right to keep any of the deposit, damage or not.
- Multiple damages: California allows up to 2x the deposit in bad faith; Texas and Colorado reach 3x (plus $100 in Texas) after the deadline passes. Many states follow this double-or-triple pattern.
- Attorney’s fees: States with penalty statutes usually add attorney’s fees for bad-faith retention, which is what makes these claims practical in small claims court.
The demand-letter-first pattern works in almost every state: send a written demand citing the statute and deadline, keep proof of delivery, then file in small claims if the deadline (plus any statutory cure window) passes. Templates and the escalation ladder are in how to get your security deposit back.
The states with no cap
Twenty-two states set no statutory maximum: FL, GA, ID, IL, IN, KY, LA, MN, MS, MT, OH, OK, OR, SC, TN, TX, UT, VT, WA, WV, WI, WY.
“No cap” doesn’t mean “no rules”:
- The lease still controls — and a deposit wildly above market can be challenged as disguised advance rent or unconscionable in some courts.
- Return deadlines and itemization requirements apply exactly the same as in capped states.
- Bad-faith penalties apply — Texas (no cap) has one of the harshest: 3x + $100.
If you’re in a no-cap state, negotiate the deposit before signing and document the unit’s condition obsessively. Our security deposits guide covers both.
Five rules that apply almost everywhere
- Itemized statement required. Nearly every state requires a written, itemized list of deductions — a check with no explanation is a violation in most jurisdictions.
- Normal wear and tear is never deductible. Scuffed paint, worn carpet, small nail holes — those are the landlord’s cost of doing business. See normal wear and tear vs. damage.
- Your forwarding address starts the clock in some states. Texas won’t even start its 30-day window until you provide one in writing. Send it by email and certified mail on move-out day.
- Move-in photos are your best evidence. States increasingly require the landlord to have photos too (California’s AB 2801) — meet them at their own game. The workflow is in the apartment move-out checklist.
- Deadlines are computed from surrender, not your lease end date. The clock usually starts when you return keys and vacate — formal notice matters. Use the notice to vacate letter template to make the date unambiguous.
Frequently Asked Questions
Which state has the strictest security deposit law?
What is the most common security deposit cap?
Can a landlord charge more than the state cap?
What if my landlord misses the return deadline?
Do deposit caps include pet deposits?
Which states require deposits to earn interest?
Related guides
- State laws hub: all 50 states
- California tenant rights · New York tenant rights · Texas tenant rights
- Security deposit return timeline
- Security deposits: how to get yours back
- How to get your security deposit back
- Normal wear and tear vs. damage
Last verified August 2026 against each state’s landlord-tenant statute via statute-cited compilations and state housing agencies. Laws amend frequently — confirm your state’s current rule at the state laws hub or with a local tenant attorney before acting.
