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 ? 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, 1? 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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reserved. No unauthorized reproduction of the contents of this
publication is permitted. See Copyright warning. Any violators will be prosecuted to the
fullest extent by law |
