Can a Landlord Deduct Late Fees From a Security Deposit? (All 50 States)
It depends on the state: 7 states' deposit statutes name late fees, 17 more allow lease charges, 20 list only rent and damage, 7 are unclear.
Your state at a glance
- Names late fees
- Lease charges OK
- Rent and damage only
- Unclear
- AL, Alabama: Not listed: deposit covers rent/damage
- AK, Alaska: Not listed: deposit covers rent/damage
- AZ, Arizona: Likely yes, if the lease sets the fee
- AR, Arkansas: Not listed: deposit covers rent/damage
- CA, California: Not listed: deposit covers rent/damage
- CO, Colorado: Likely yes, if the lease sets the fee
- CT, Connecticut: Not listed: deposit covers rent/damage
- DE, Delaware: Yes: statute names late fees
- DC, District of Columbia: Yes: statute names late fees
- FL, Florida: Statute unclear
- GA, Georgia: Yes: statute names late fees
- HI, Hawaii: Not listed: deposit covers rent/damage
- ID, Idaho: Likely yes, if the lease sets the fee
- IL, Illinois: Statute unclear
- IN, Indiana: Not listed: deposit covers rent/damage
- IA, Iowa: Likely yes, if the lease sets the fee
- KS, Kansas: Not listed: deposit covers rent/damage
- KY, Kentucky: Not listed: deposit covers rent/damage
- LA, Louisiana: Statute unclear
- ME, Maine: Statute unclear
- MD, Maryland: Not listed: deposit covers rent/damage
- MA, Massachusetts: Not listed: deposit covers rent/damage
- MI, Michigan: Not listed: deposit covers rent/damage
- MN, Minnesota: Likely yes, if the lease sets the fee
- MS, Mississippi: Likely yes, if the lease sets the fee
- MO, Missouri: Not listed: deposit covers rent/damage
- MT, Montana: Yes: statute names late fees
- NE, Nebraska: Not listed: deposit covers rent/damage
- NV, Nevada: Likely yes, if the lease sets the fee
- NH, New Hampshire: Likely yes, if the lease sets the fee
- NJ, New Jersey: Statute unclear
- NM, New Mexico: Not listed: deposit covers rent/damage
- NY, New York: Not listed: deposit covers rent/damage
- NC, North Carolina: Yes: statute names late fees
- ND, North Dakota: Not listed: deposit covers rent/damage
- OH, Ohio: Not listed: deposit covers rent/damage
- OK, Oklahoma: Not listed: deposit covers rent/damage
- OR, Oregon: Likely yes, if the lease sets the fee
- PA, Pennsylvania: Statute unclear
- RI, Rhode Island: Not listed: deposit covers rent/damage
- SC, South Carolina: Likely yes, if the lease sets the fee
- SD, South Dakota: Likely yes, if the lease sets the fee
- TN, Tennessee: Likely yes, if the lease sets the fee
- TX, Texas: Likely yes, if the lease sets the fee
- UT, Utah: Likely yes, if the lease sets the fee
- VT, Vermont: Statute unclear
- VA, Virginia: Yes: statute names late fees
- WA, Washington: Likely yes, if the lease sets the fee
- WV, West Virginia: Yes: statute names late fees
- WI, Wisconsin: Likely yes, if the lease sets the fee
- WY, Wyoming: Likely yes, if the lease sets the fee
What does your state say?
What the four answers mean
Yes: statute names late fees
The deposit statute (or the section it points to) names late fees or charges as an allowed use.
Likely yes, if the lease sets the fee
The statute lets the deposit cover charges or rent due under the lease.
Not listed: deposit covers rent/damage
The statute names unpaid rent and damage, not fees. Ask the landlord which item a deduction is for.
Statute unclear
The statute is silent or open-ended; its text does not settle the question.
State by state (51 checked)
Alabama
Alabama lets the deposit pay accrued rent and damages from noncompliance with 35-9A-301; late fees are not named.
Alaska
Alaska lets the deposit pay accrued rent and damages from noncompliance with 34.03.120; late fees are not named.
Arizona
Arizona lets the deposit pay all rent and all charges specified in the signed lease, so a late fee in the signed lease is arguably covered.
Arkansas
Arkansas lets the deposit pay accrued unpaid rent and damages from noncompliance with the rental agreement; late fees are not named.
California
California limits deposit claims to the purposes in 1950.5(b) (rent default, repairs, cleaning, restoring property); late fees are not named.
Colorado
Since 1 Jan 2026 a Colorado landlord may keep deposit money for nonpayment of lawful charges listed in the lease, so a lawful late fee (one that meets C.R.S. 38-12-105) written in the lease can be deducted.
Connecticut
Connecticut lets the landlord deduct damages from breach of the tenant's obligations, defined around rental and utility payments; late charges are not named.
Delaware
Delaware names late charges as part of the rental arrearage the deposit may pay.
District of Columbia
In DC a landlord may deduct unpaid, lawfully imposed late fees from the deposit only after invoicing them and the tenant not paying within 30 days.
Florida
Statute silent: Florida regulates the claim process but does not list allowed deductions or name late fees.
Georgia
Georgia expressly lets a landlord retain the deposit for nonpayment of rent or of fees for late payment.
Hawaii
Hawaii limits deposit uses to the listed items (including failure to pay rent due) and no others; late fees are not named.
Idaho
Idaho lets the landlord keep amounts needed for contingencies specified in the deposit arrangement, so it depends on what that arrangement lists.
Illinois
Statute silent: the Illinois Security Deposit Return Act only regulates how a landlord withholds for property damage and does not list or bar other deductions such as late fees.
Indiana
Indiana lets the deposit pay rent in arrearage, damages and utilities; late fees are not named, though rent is defined broadly.
Iowa
Iowa allows withholding to remedy default in rent or other funds due to the landlord under the rental agreement, which on its wording covers a lease late fee.
Kansas
Kansas lets the deposit pay accrued rent and damages; late fees are not named, though rent is defined as all payments under the rental agreement.
Kentucky
Kentucky's deposit statute only addresses charges for listed damage and applying the deposit to the debt when a tenant leaves without paying last month's rent; it does not mention late fees.
Louisiana
Louisiana lets the landlord retain what is reasonably necessary to remedy a tenant default or unreasonable wear; late fees are not named.
Maine
Maine lists reasons a landlord may keep the deposit, "including but not limited to" storage of property, unpaid rent and unpaid utility charges owed to the landlord; late fees are not named.
Maryland
Maryland lets a landlord withhold the deposit only for unpaid rent and damage (from breach of lease or beyond wear and tear); late fees are not named.
Massachusetts
Massachusetts allows deductions only for unpaid rent/water charges, tax escalation and damage, and bars any other purpose; late fees are not named.
Michigan
Michigan allows the deposit only for listed purposes (damages, rent in arrearage, unpaid utilities); late fees are not named.
Minnesota
Minnesota lets a landlord withhold only what is reasonably necessary to cover unpaid rent or other funds due under the agreement and to repair beyond wear and tear, so a late fee owed under the lease is covered.
Minn. Stat. 504B.178, subd. 3(b) (History through 2024 c 85 s 105)
Mississippi
Mississippi allows deposit claims for rent defaults, and the Act defines rent to include lease-required late fees.
Missouri
Missouri allows withholding for rent default and damage; late fees are not listed and 535.020 says other unpaid sums are not rent for the chapter.
Montana
Montana expressly lets the landlord deduct unpaid late charges due under lease provisions.
Nebraska
Nebraska lets the deposit pay rent and damages from noncompliance with the rental agreement; late fees are not named.
Nevada
Nevada lets the landlord claim the deposit for unpaid rent, and NRS defines rent to include reasonable and actual late fees set forth in the rental agreement.
New Hampshire
New Hampshire lets the landlord deduct unpaid rent or other lawful charges due under the lease.
New Jersey
New Jersey allows deductions of charges expended under the lease and bars deductions while the tenant is in possession; late fees are not named.
New Mexico
New Mexico lets the owner retain for nonpayment of rent or utilities, repairs or other legitimate damages; late fees are not named.
New York
New York lets a landlord keep deposit money only for unpaid rent, damage beyond normal wear and tear, unpaid utilities owed to the landlord, and moving/storage of belongings; late fees are not on the list.
N.Y. Gen. Oblig. Law §7-108(1-a)(b) (most recent revision 2022-03-04)
North Carolina
North Carolina allows the deposit to be used for any fee permitted by G.S. 42-46, which is the statute that authorizes residential late fees.
North Dakota
North Dakota lists damages, unpaid rent and cleaning/repairs; late fees are not named.
Ohio
Ohio lets the deposit be applied to past due rent and damages caused by the tenant's noncompliance with 5321.05 or the rental agreement; late fees are not named.
Ohio Rev. Code 5321.16(B) (Effective Nov. 4, 1974; latest legislation SB 103, 110th GA)
Oklahoma
Oklahoma lets the deposit pay accrued rent and damages; late fees are not named, though rent is defined as all payments under the rental agreement.
Oregon
Oregon lets a landlord claim the deposit to remedy the tenant's defaults in performing the rental agreement, including unpaid rent, so a lawful late fee owed under the agreement is covered.
Pennsylvania
Pennsylvania lets the landlord keep the escrow for nonpayment of rent or breach of any other lease condition; late fees are not named.
Rhode Island
Rhode Island lets the landlord subtract unpaid rent, cleaning, trash and physical damage; late fees are not listed.
South Carolina
South Carolina lets the landlord withhold accrued rent and damages, and defines rent to include late charges.
South Dakota
South Dakota allows withholding for rent and other funds due under an agreement, which on its wording covers a lease late fee.
Tennessee
Tennessee lets the landlord apply the deposit to unpaid rent or other amounts due and owing when the tenant vacates.
Texas
Texas lets a landlord deduct damages and charges the tenant is legally liable for under the lease, so a late fee that complies with 92.019 and is in the written lease can be deducted.
Utah
Utah lets the deposit pay rent, damage and other costs and fees provided for in the contract.
Vermont
Vermont lets the landlord retain for unpaid rent, damage and other charges the tenant must pay directly to the landlord; late fees are not named.
Virginia
Virginia expressly lets the deposit pay accrued rent including reasonable late charges specified in the rental agreement.
Washington
Washington lets a landlord keep deposit money under the terms of the rental agreement and recognizes withholding for rent or other charges owing, so a late fee owed under the lease can be deducted with a full written statement.
West Virginia
West Virginia expressly lets the deposit pay rent due including reasonable late charges specified in the rental agreement.
Wisconsin
Wisconsin limits withholding to the listed items; a late fee can be added only through a separately signed nonstandard rental provision.
Wyoming
Wyoming lets the deposit pay accrued rent, damage, cleaning and other costs provided by any contract.
If your landlord deducted a late fee
- 1
Ask for the itemized list
Request every deduction in writing, with the reason for each.
- 2
Check the lease late-fee clause
Is the fee in your lease, and is it within your state's rule?
Late fee checker - 3
Send a demand letter
If the deduction looks wrong, put your request in writing.
Deposit demand letter
Is the late fee in your lease even legal?
The free scan flags fee clauses that conflict with your state's rules.
Scan my lease freeFAQ
Can a landlord deduct late fees from a security deposit?
It depends on the state: 7 states' deposit statutes name late fees, 17 more allow lease charges, 20 list only rent and damage, 7 are unclear. Based on 51 statutes checked 2026-11-07; not legal advice.
Which states name late fees in the deposit statute?
7 of 51: Delaware, District of Columbia, Georgia, Montana, North Carolina, Virginia, West Virginia.
What does Virginia say about late fees and the deposit?
Virginia expressly lets the deposit pay accrued rent including reasonable late charges specified in the rental agreement. The text: "may be applied by the landlord solely to (i) the payment of accrued rent, including the reasonable charges for late payment of rent specified in the rental agreement;" (Va. Code 55.1-1226(A)(i)).
What if the statute lists only rent and damage, like California?
California limits deposit claims to the purposes in 1950.5(b) (rent default, repairs, cleaning, restoring property); late fees are not named. In 20 states the statute names unpaid rent and damage, not fees, so ask the landlord which item a deduction is for.
What should I do if my landlord deducted a late fee?
Ask in writing for an itemized list of deductions, check the late-fee clause in your lease, and if the deduction looks wrong send a demand letter. This is general information, not legal advice.
Related state comparisons
Checked 2026-11-07, not legal advice. Statute text can change; verify with the linked source or a licensed attorney.