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Lease clauses / Pet deposits, pet fees & pet rent

Pet Deposit, Pet Fee & Pet Rent in a Lease: Legal? (State-by-State)

Landlords often charge for pets in three ways: a refundable pet deposit, a one-time “non-refundable” pet fee, or monthly pet rent. Which of these is allowed, and whether a pet deposit counts toward the overall security deposit cap, depends on the state statute, so check the cited statute for your state. Assistance animals for people with disabilities are generally not pets under federal fair housing rules, so pet fees usually should not apply; ask in writing.

What it looks like in a lease

  • “Tenant shall pay a non-refundable pet fee of $300 for each animal.”
  • “Pet deposit of $500 is due at signing and may be applied to any amount owed.”
  • “Pet rent of $35 per month per pet is due with the monthly rent.”

Why it's a red flag

  • A pet deposit added on top of the regular deposit may push the total past your state's limit, depending on how the statute treats it.
  • A fee labeled non-refundable may be treated differently from a deposit, so the label matters.
  • Monthly pet rent adds up over the lease and may continue after the pet is gone.

What to ask your landlord

  • Is the pet charge a refundable deposit, a one-time fee or monthly rent, and what does it cover?
  • Does the pet deposit count toward the state's deposit cap, and when is it returned?
  • Will the fee be removed or reduced if the animal is an assistance animal, and can I request that in writing?

State-by-state rules

The table shows the general security deposit rules. Check the cited statute for how pet deposits and pet fees are treated. Each row links to the statute. Data as of 2026-10-22.

  • Alaska
    Maximum deposit
    Two months' periodic rent for prepaid rent and security deposit combined; the cap does not apply to units where the rent exceeds $2,000 a month. A landlord may take an additional pet deposit of up to one month's rent for a tenant with a pet that is not a service animal; it must be accounted for separately and used only for pet-related damage (§ 34.03.070(a), (h)).
    Return deadline
    30 days

    Source: AS 34.03.070

  • Arizona
    Maximum deposit
    1.5 months' rent (all security, however named, including prepaid rent; a tenant may voluntarily prepay more rent). The purpose of any nonrefundable fee must be stated in writing; any fee not designated nonrefundable is refundable.
    Return deadline
    14 days

    Source: A.R.S. § 33-1321

  • California
    Maximum deposit
    1 month's rent for most landlords (since July 1, 2024, AB 12); 2 months for small landlords (a natural person, or an LLC whose members are all natural persons, owning at most 2 residential rental properties with at most 4 units total). The small-landlord exception does not apply to service-member tenants. Deposits can never be 'non-refundable'.
    Return deadline
    21 days

    Source: Cal. Civ. Code § 1950.5

  • Colorado
    Maximum deposit
    2 months' rent (since Aug 7, 2023).
    Return deadline
    30 days

    Source: C.R.S. §§ 38-12-102.5, 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026)

  • Connecticut
    Maximum deposit
    Two months' rent for a tenant under 62; one month's rent for a tenant 62 or older (a landlord who took more than one month's rent from a tenant who later turns 62 must return the excess on request). Advance payment of the first month's rent and a key or special-equipment deposit are not 'security deposit'. The landlord must immediately put the deposit in an escrow account at a Connecticut financial institution and, within 30 days of receiving it, tell the tenant in writing the amount and the name and address of the institution. A landlord may not charge a move-in or move-out fee (47a-4d(b)).
    Return deadline
    21 days

    Source: Conn. Gen. Stat. 47a-21(a), (b), (d), (h), (i); 47a-4(a)(4); 47a-4d(b)

  • Delaware
    Maximum deposit
    1 month's rent when the lease is for 1 year or more, and for month-to-month tenancies once they have lasted 1 year (any excess must then be credited back). These limits do not apply to furnished units. A separate pet deposit is capped at 1 month's rent, and none may be charged for a certified, trained support animal of a disabled resident. The deposit must sit in a designated escrow account at a federally insured bank with an office in Delaware, and the landlord must tell the tenant where it is.
    Return deadline
    20 days

    Source: Del. Code tit. 25, § 5514(a)-(g), (i)

  • District of Columbia
    Maximum deposit
    One full month's rent (the first full month's rent charged), and it may be charged only once. Must be held in an interest-bearing escrow account at a D.C. financial institution, and the lease or receipt must state the terms of the deposit.
    Return deadline
    45 days

    Source: 14 DCMR §§ 308.2-308.3, 309.1-309.2, 311.1-311.2; D.C. Code § 42-3502.17(c)

  • Florida
    Maximum deposit
    No statutory cap.
    Return deadline
    15 days

    Source: Fla. Stat. § 83.49

  • Georgia
    Maximum deposit
    2 months' rent (leases entered/renewed on or after July 1, 2024).
    Return deadline
    30 days

    Source: O.C.G.A. §§ 44-7-30.1, 44-7-34

  • Illinois
    Maximum deposit
    No statewide cap.
    Return deadline
    45 days

    Source: 765 ILCS 710/1; 765 ILCS 715

  • Iowa
    Maximum deposit
    2 months' rent. The deposit must be held in a federally insured bank, savings and loan or credit union account, not mixed with the landlord's own money.
    Return deadline
    30 days

    Source: Iowa Code § 562A.12(1)-(4)

  • Kansas
    Maximum deposit
    1 month's rent for an unfurnished unit; 1.5 months' rent if the tenant uses the landlord's furniture; plus up to half a month's rent extra if pets are allowed.
    Return deadline
    30 days

    Source: K.S.A. 58-2550(a)-(c)

  • Kentucky
    Maximum deposit
    No statewide cap. Under the URLTA (where adopted): deposit must be kept in a separate account used only for deposits, and the landlord must give signed move-in and move-out damage lists, or they cannot keep any of the deposit.
    Return deadline
    Not verified yet

    Source: KRS 383.580

  • Louisiana
    Maximum deposit
    No statutory cap. The landlord may keep only what is reasonably necessary to remedy the tenant's default or unreasonable wear to the premises (R.S. 9:3251(A)).
    Return deadline
    30 days

    Source: La. R.S. 9:3251, 9:3252, 9:3254

  • Maine
    Maximum deposit
    2 months' rent. At move-in the landlord may not require more than the first full month's rent, the security deposit and any properly disclosed mandatory recurring fee (§ 6022-A). The deposit may not be commingled with the landlord's assets: it must be held in a bank or other financial institution account beyond the reach of the landlord's creditors, and on request the landlord must tell the tenant the institution and account number (§ 6038).
    Return deadline
    30 days

    Source: 14 M.R.S. §§ 6032, 6033, 6034, 6038, 6022-A

  • Maryland
    Maximum deposit
    1 month's rent per unit (since Oct 1, 2024); up to 2 months only if the tenant qualified for utility assistance through the Department of Human Services, the lease requires paying utilities directly to the landlord, and both agree in writing. Overcharge: tenant may recover up to 3x the excess plus attorney fees.
    Return deadline
    45 days

    Source: Md. Code, Real Prop. § 8-203(b), (e), (g)

  • Massachusetts
    Maximum deposit
    One month's rent. At or before the start of the tenancy the landlord (or its agent) may require only: rent for the first full month, rent for the last full month at the same rate, a security deposit equal to the first month's rent, and the purchase and installation cost of a key and lock. After the tenancy begins the landlord may not demand rent in advance beyond the current month or a larger deposit. The deposit stays the tenant's property: it must be held in a separate interest-bearing account in a bank located in Massachusetts, out of reach of the landlord's creditors, and the tenant must get a receipt within 30 days naming the bank, its location and the account number (failure entitles the tenant to immediate return). The landlord must give a signed receipt when taking the deposit and, within 10 days after the tenancy starts (or on receipt of the deposit, if later), a separate signed written statement of the unit's condition with a prescribed notice; the tenant has 15 days to return it with a list of any other damage. The landlord must also keep records of deposits for two years.
    Return deadline
    30 days

    Source: M.G.L. c. 186, § 15B(1)(b), (1)(d), (2), (3), (4), (5)

  • Michigan
    Maximum deposit
    1.5 months' rent (554.602). The deposit must be kept in a regulated financial institution, or the landlord must instead post a cash or surety bond with the Secretary of State covering all deposits (554.604). Before it may require a deposit, the landlord must give the tenant a written notice, within 14 days after the tenant takes possession, of the landlord's name and address, the name and address of the financial institution or surety, and the tenant's duty to give a forwarding address within 4 days after moving out, with that warning in bold 12-point type (554.603). The landlord must give the tenant two blank copies of a move-in inventory checklist and a termination checklist is required at move-out; the tenant has 7 days after getting possession to return the move-in checklist (554.608). The deposit may be used only for actual damage beyond normal use, unpaid rent, rent due for early termination, and unpaid tenant utility bills (554.607).
    Return deadline
    30 days

    Source: MCL 554.602, 554.603, 554.604, 554.607, 554.608, 554.609, 554.610, 554.611, 554.612, 554.613

  • Minnesota
    Maximum deposit
    No statutory cap on the amount.
    Return deadline
    21 days

    Source: Minn. Stat. § 504B.178, subds. 2-3

  • Missouri
    Maximum deposit
    Two months' rent. Must be held in a federally insured bank, credit union or depository institution; interest earned belongs to the landlord. Pet deposits are not counted as 'security deposit'.
    Return deadline
    30 days

    Source: RSMo § 535.300

  • Montana
    Maximum deposit
    No statutory cap found in chapter 70-25. Any deposit the lease requires counts as a security deposit, and a fee or charge for cleaning and damages, however labelled, is presumed to be one (§ 70-25-101(4)). Any lease term contrary to chapter 70-25, and any tenant waiver of it, is invalid (§ 70-25-103).
    Return deadline
    30 days

    Source: MCA §§ 70-25-101, 70-25-103, 70-25-201, 70-25-202, 70-25-203, 70-25-204

  • Nevada
    Maximum deposit
    3 months' periodic rent total (deposit, surety bond and last month's rent combined).
    Return deadline
    30 days

    Source: NRS 118A.242

  • New Jersey
    Maximum deposit
    1.5 times one month's rent. If the landlord collects more security later, the extra collected in any year may not exceed 10% of the current deposit (46:8-21.2). The deposit stays the tenant's money, held in trust and not mixed with the landlord's own funds; it must sit in an interest-bearing account at a New Jersey bank or savings institution (landlords with 10+ units: an insured money-market fund or variable-rate account) (46:8-19(a), (b)).
    Return deadline
    30 days

    Source: N.J.S.A. 46:8-19, 46:8-21.1, 46:8-21.2, 46:8-24, 46:8-26

  • New York
    Maximum deposit
    1 month's rent.
    Return deadline
    14 days

    Source: N.Y. Gen. Oblig. Law §§ 7-103, 7-108

  • North Carolina
    Maximum deposit
    2 weeks' rent (week-to-week), 1.5 months (month-to-month), 2 months (longer terms).
    Return deadline
    30 days

    Source: N.C.G.S. §§ 42-51, 42-52

  • North Dakota
    Maximum deposit
    One month's rent. Exceptions: up to two months' rent from an individual convicted of a felony offense as an incentive to rent to them, or from an individual who has had a judgment entered against them for violating a previous rental agreement (§ 47-16-07.1(1)). A separate pet security deposit (not for service or companion animals required as a disability accommodation) may be charged, up to the greater of $2,500 or two months' rent (§ 47-16-07.1(2)).
    Return deadline
    30 days

    Source: N.D.C.C. § 47-16-07.1

  • Ohio
    Maximum deposit
    No statutory cap.
    Return deadline
    30 days

    Source: Ohio Rev. Code § 5321.16

  • Oregon
    Maximum deposit
    No statutory cap in ORS 90.300; a landlord cannot require a new or increased deposit in the first year of tenancy (except for an agreed change such as adding a pet), and must allow at least 3 months to pay one after that.
    Return deadline
    31 days

    Source: ORS 90.300(12)-(13)

  • Pennsylvania
    Maximum deposit
    2 months' rent in the first year; 1 month's rent from the second year on.
    Return deadline
    30 days

    Source: 68 P.S. §§ 250.511a, 250.511b, 250.512

  • South Carolina
    Maximum deposit
    No cap on the amount in the Residential Landlord and Tenant Act.
    Return deadline
    30 days

    Source: S.C. Code Ann. § 27-40-410

  • South Dakota
    Maximum deposit
    1 month's rent. A larger deposit is allowed only by agreement of landlord and tenant where special conditions pose a danger to maintenance of the premises. Any money deposited to secure the rental agreement counts as a security deposit, however it is labelled (§ 43-32-6.1).
    Return deadline
    21 days

    Source: SDCL §§ 43-32-6.1, 43-32-24

  • Tennessee
    Maximum deposit
    No statutory cap (Tenn. Code Ann. § 66-28-301 sets none).
    Return deadline
    Not verified yet

    Source: Tenn. Code Ann. § 66-28-301

  • Texas
    Maximum deposit
    No statutory cap.
    Return deadline
    30 days

    Source: Tex. Prop. Code §§ 92.103, 92.104, 92.107

  • Utah
    Maximum deposit
    No statutory cap. Any non-refundable portion of a deposit must be stated in writing to the renter when the deposit is taken (57-17-2).
    Return deadline
    30 days

    Source: Utah Code §§ 57-17-2, 57-17-3, 57-17-5

  • Virginia
    Maximum deposit
    2 months' periodic rent (security deposit however named). Security deposit plus damage-insurance and renter's-insurance premiums paid before the tenancy starts may not exceed 2 months' rent in total.
    Return deadline
    45 days

    Source: Va. Code §§ 55.1-1226(A), 55.1-1208(A)(7)

  • Washington
    Maximum deposit
    No statewide cap found. A deposit may be collected only with a written lease and a signed, dated move-in checklist describing the unit's condition; without the checklist the landlord is liable for the whole deposit. Deposits go in a Washington trust account and the tenant gets a receipt. On written request, the tenant may pay deposits, nonrefundable fees and last month's rent in installments (2 or 3 months) unless they total no more than 25% of the first month's rent. A fee is refundable unless the written lease clearly calls it nonrefundable.
    Return deadline
    30 days

    Source: RCW 59.18.260, 59.18.270, 59.18.280, 59.18.285, 59.18.610

  • West Virginia
    Maximum deposit
    Not verified yet
    Return deadline
    60 days

    Source: W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-3, 37-6A-5

  • Wisconsin
    Maximum deposit
    No statutory cap on the deposit amount in Wis. Stat. 704.28 or ATCP 134.06. Any rent prepayment above one month's prepaid rent counts as a 'security deposit' and must be returned under the same rules (ATCP 134.06(2) note). Before accepting a deposit the landlord must tell the tenant in writing they may inspect the unit and report pre-existing damage, or request a list of damage charged to the previous tenant, by a deadline at least 7 days after the tenancy starts (ATCP 134.06(1)). Wisconsin law has no deposit-interest or separate-account rule in these sections.
    Return deadline
    21 days

    Source: Wis. Stat. 704.28; Wis. Admin. Code ATCP 134.06

  • Wyoming
    Maximum deposit
    No statutory cap. A rental agreement must state whether any portion of the deposit is nonrefundable, and written notice of that fact must also be given to the renter when the deposit is taken (§ 1-21-1207).
    Return deadline
    60 days

    Source: W.S. 1-21-1207, 1-21-1208

StateMaximum depositReturn deadlineSource
AlaskaTwo months' periodic rent for prepaid rent and security deposit combined; the cap does not apply to units where the rent exceeds $2,000 a month. A landlord may take an additional pet deposit of up to one month's rent for a tenant with a pet that is not a service animal; it must be accounted for separately and used only for pet-related damage (§ 34.03.070(a), (h)).30 daysAS 34.03.070
Arizona1.5 months' rent (all security, however named, including prepaid rent; a tenant may voluntarily prepay more rent). The purpose of any nonrefundable fee must be stated in writing; any fee not designated nonrefundable is refundable.14 daysA.R.S. § 33-1321
California1 month's rent for most landlords (since July 1, 2024, AB 12); 2 months for small landlords (a natural person, or an LLC whose members are all natural persons, owning at most 2 residential rental properties with at most 4 units total). The small-landlord exception does not apply to service-member tenants. Deposits can never be 'non-refundable'.21 daysCal. Civ. Code § 1950.5
Colorado2 months' rent (since Aug 7, 2023).30 daysC.R.S. §§ 38-12-102.5, 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026)
ConnecticutTwo months' rent for a tenant under 62; one month's rent for a tenant 62 or older (a landlord who took more than one month's rent from a tenant who later turns 62 must return the excess on request). Advance payment of the first month's rent and a key or special-equipment deposit are not 'security deposit'. The landlord must immediately put the deposit in an escrow account at a Connecticut financial institution and, within 30 days of receiving it, tell the tenant in writing the amount and the name and address of the institution. A landlord may not charge a move-in or move-out fee (47a-4d(b)).21 daysConn. Gen. Stat. 47a-21(a), (b), (d), (h), (i); 47a-4(a)(4); 47a-4d(b)
Delaware1 month's rent when the lease is for 1 year or more, and for month-to-month tenancies once they have lasted 1 year (any excess must then be credited back). These limits do not apply to furnished units. A separate pet deposit is capped at 1 month's rent, and none may be charged for a certified, trained support animal of a disabled resident. The deposit must sit in a designated escrow account at a federally insured bank with an office in Delaware, and the landlord must tell the tenant where it is.20 daysDel. Code tit. 25, § 5514(a)-(g), (i)
District of ColumbiaOne full month's rent (the first full month's rent charged), and it may be charged only once. Must be held in an interest-bearing escrow account at a D.C. financial institution, and the lease or receipt must state the terms of the deposit.45 days14 DCMR §§ 308.2-308.3, 309.1-309.2, 311.1-311.2; D.C. Code § 42-3502.17(c)
FloridaNo statutory cap.15 daysFla. Stat. § 83.49
Georgia2 months' rent (leases entered/renewed on or after July 1, 2024).30 daysO.C.G.A. §§ 44-7-30.1, 44-7-34
IllinoisNo statewide cap.45 days765 ILCS 710/1; 765 ILCS 715
Iowa2 months' rent. The deposit must be held in a federally insured bank, savings and loan or credit union account, not mixed with the landlord's own money.30 daysIowa Code § 562A.12(1)-(4)
Kansas1 month's rent for an unfurnished unit; 1.5 months' rent if the tenant uses the landlord's furniture; plus up to half a month's rent extra if pets are allowed.30 daysK.S.A. 58-2550(a)-(c)
KentuckyNo statewide cap. Under the URLTA (where adopted): deposit must be kept in a separate account used only for deposits, and the landlord must give signed move-in and move-out damage lists, or they cannot keep any of the deposit.Not verified yetKRS 383.580
LouisianaNo statutory cap. The landlord may keep only what is reasonably necessary to remedy the tenant's default or unreasonable wear to the premises (R.S. 9:3251(A)).30 daysLa. R.S. 9:3251, 9:3252, 9:3254
Maine2 months' rent. At move-in the landlord may not require more than the first full month's rent, the security deposit and any properly disclosed mandatory recurring fee (§ 6022-A). The deposit may not be commingled with the landlord's assets: it must be held in a bank or other financial institution account beyond the reach of the landlord's creditors, and on request the landlord must tell the tenant the institution and account number (§ 6038).30 days14 M.R.S. §§ 6032, 6033, 6034, 6038, 6022-A
Maryland1 month's rent per unit (since Oct 1, 2024); up to 2 months only if the tenant qualified for utility assistance through the Department of Human Services, the lease requires paying utilities directly to the landlord, and both agree in writing. Overcharge: tenant may recover up to 3x the excess plus attorney fees.45 daysMd. Code, Real Prop. § 8-203(b), (e), (g)
MassachusettsOne month's rent. At or before the start of the tenancy the landlord (or its agent) may require only: rent for the first full month, rent for the last full month at the same rate, a security deposit equal to the first month's rent, and the purchase and installation cost of a key and lock. After the tenancy begins the landlord may not demand rent in advance beyond the current month or a larger deposit. The deposit stays the tenant's property: it must be held in a separate interest-bearing account in a bank located in Massachusetts, out of reach of the landlord's creditors, and the tenant must get a receipt within 30 days naming the bank, its location and the account number (failure entitles the tenant to immediate return). The landlord must give a signed receipt when taking the deposit and, within 10 days after the tenancy starts (or on receipt of the deposit, if later), a separate signed written statement of the unit's condition with a prescribed notice; the tenant has 15 days to return it with a list of any other damage. The landlord must also keep records of deposits for two years.30 daysM.G.L. c. 186, § 15B(1)(b), (1)(d), (2), (3), (4), (5)
Michigan1.5 months' rent (554.602). The deposit must be kept in a regulated financial institution, or the landlord must instead post a cash or surety bond with the Secretary of State covering all deposits (554.604). Before it may require a deposit, the landlord must give the tenant a written notice, within 14 days after the tenant takes possession, of the landlord's name and address, the name and address of the financial institution or surety, and the tenant's duty to give a forwarding address within 4 days after moving out, with that warning in bold 12-point type (554.603). The landlord must give the tenant two blank copies of a move-in inventory checklist and a termination checklist is required at move-out; the tenant has 7 days after getting possession to return the move-in checklist (554.608). The deposit may be used only for actual damage beyond normal use, unpaid rent, rent due for early termination, and unpaid tenant utility bills (554.607).30 daysMCL 554.602, 554.603, 554.604, 554.607, 554.608, 554.609, 554.610, 554.611, 554.612, 554.613
MinnesotaNo statutory cap on the amount.21 daysMinn. Stat. § 504B.178, subds. 2-3
MissouriTwo months' rent. Must be held in a federally insured bank, credit union or depository institution; interest earned belongs to the landlord. Pet deposits are not counted as 'security deposit'.30 daysRSMo § 535.300
MontanaNo statutory cap found in chapter 70-25. Any deposit the lease requires counts as a security deposit, and a fee or charge for cleaning and damages, however labelled, is presumed to be one (§ 70-25-101(4)). Any lease term contrary to chapter 70-25, and any tenant waiver of it, is invalid (§ 70-25-103).30 daysMCA §§ 70-25-101, 70-25-103, 70-25-201, 70-25-202, 70-25-203, 70-25-204
Nevada3 months' periodic rent total (deposit, surety bond and last month's rent combined).30 daysNRS 118A.242
New Jersey1.5 times one month's rent. If the landlord collects more security later, the extra collected in any year may not exceed 10% of the current deposit (46:8-21.2). The deposit stays the tenant's money, held in trust and not mixed with the landlord's own funds; it must sit in an interest-bearing account at a New Jersey bank or savings institution (landlords with 10+ units: an insured money-market fund or variable-rate account) (46:8-19(a), (b)).30 daysN.J.S.A. 46:8-19, 46:8-21.1, 46:8-21.2, 46:8-24, 46:8-26
New York1 month's rent.14 daysN.Y. Gen. Oblig. Law §§ 7-103, 7-108
North Carolina2 weeks' rent (week-to-week), 1.5 months (month-to-month), 2 months (longer terms).30 daysN.C.G.S. §§ 42-51, 42-52
North DakotaOne month's rent. Exceptions: up to two months' rent from an individual convicted of a felony offense as an incentive to rent to them, or from an individual who has had a judgment entered against them for violating a previous rental agreement (§ 47-16-07.1(1)). A separate pet security deposit (not for service or companion animals required as a disability accommodation) may be charged, up to the greater of $2,500 or two months' rent (§ 47-16-07.1(2)).30 daysN.D.C.C. § 47-16-07.1
OhioNo statutory cap.30 daysOhio Rev. Code § 5321.16
OregonNo statutory cap in ORS 90.300; a landlord cannot require a new or increased deposit in the first year of tenancy (except for an agreed change such as adding a pet), and must allow at least 3 months to pay one after that.31 daysORS 90.300(12)-(13)
Pennsylvania2 months' rent in the first year; 1 month's rent from the second year on.30 days68 P.S. §§ 250.511a, 250.511b, 250.512
South CarolinaNo cap on the amount in the Residential Landlord and Tenant Act.30 daysS.C. Code Ann. § 27-40-410
South Dakota1 month's rent. A larger deposit is allowed only by agreement of landlord and tenant where special conditions pose a danger to maintenance of the premises. Any money deposited to secure the rental agreement counts as a security deposit, however it is labelled (§ 43-32-6.1).21 daysSDCL §§ 43-32-6.1, 43-32-24
TennesseeNo statutory cap (Tenn. Code Ann. § 66-28-301 sets none).Not verified yetTenn. Code Ann. § 66-28-301
TexasNo statutory cap.30 daysTex. Prop. Code §§ 92.103, 92.104, 92.107
UtahNo statutory cap. Any non-refundable portion of a deposit must be stated in writing to the renter when the deposit is taken (57-17-2).30 daysUtah Code §§ 57-17-2, 57-17-3, 57-17-5
Virginia2 months' periodic rent (security deposit however named). Security deposit plus damage-insurance and renter's-insurance premiums paid before the tenancy starts may not exceed 2 months' rent in total.45 daysVa. Code §§ 55.1-1226(A), 55.1-1208(A)(7)
WashingtonNo statewide cap found. A deposit may be collected only with a written lease and a signed, dated move-in checklist describing the unit's condition; without the checklist the landlord is liable for the whole deposit. Deposits go in a Washington trust account and the tenant gets a receipt. On written request, the tenant may pay deposits, nonrefundable fees and last month's rent in installments (2 or 3 months) unless they total no more than 25% of the first month's rent. A fee is refundable unless the written lease clearly calls it nonrefundable.30 daysRCW 59.18.260, 59.18.270, 59.18.280, 59.18.285, 59.18.610
West VirginiaNot verified yet60 daysW. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-3, 37-6A-5
WisconsinNo statutory cap on the deposit amount in Wis. Stat. 704.28 or ATCP 134.06. Any rent prepayment above one month's prepaid rent counts as a 'security deposit' and must be returned under the same rules (ATCP 134.06(2) note). Before accepting a deposit the landlord must tell the tenant in writing they may inspect the unit and report pre-existing damage, or request a list of damage charged to the previous tenant, by a deadline at least 7 days after the tenancy starts (ATCP 134.06(1)). Wisconsin law has no deposit-interest or separate-account rule in these sections.21 daysWis. Stat. 704.28; Wis. Admin. Code ATCP 134.06
WyomingNo statutory cap. A rental agreement must state whether any portion of the deposit is nonrefundable, and written notice of that fact must also be given to the renter when the deposit is taken (§ 1-21-1207).60 daysW.S. 1-21-1207, 1-21-1208

Cities and counties can add stricter rules (e.g. Chicago, New York City). Other states: coming soon.

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Other clauses to check

  • Non-refundable security deposits
  • Late fees
  • Landlord entry without notice
  • “Tenant pays all repairs” clauses
  • Automatic renewal clauses
  • Rent increase clauses
  • Waivers of tenant rights
  • Move-out cleaning & carpet fees
  • Notice to move out
  • “Landlord not liable” & other void clauses
  • Security deposit earns no interest
  • “As is” condition clauses
  • No grace period & daily late fees

General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.

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