Security deposit limit by state
Rules differ by state. Here is what each state's statute says about the maximum security deposit and interest, with citations. Data as of 2026-10-21, 34 states verified against official statute text.
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- 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)).
- Interest on deposit
- No interest requirement in § 34.03.070. The landlord must promptly deposit the money, where practicable, in a trust account, and may not commingle it with other funds (§ 34.03.070(c)).
- 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.
- Interest on deposit
- See state page
- 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'.
- Interest on deposit
- See state page
- Source
- Cal. Civ. Code § 1950.5
Colorado
- Maximum deposit
- 2 months' rent (since Aug 7, 2023).
- Interest on deposit
- See state page
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.
- Interest on deposit
- No interest requirement in § 5514.
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.
- Interest on deposit
- Yes: at no less than the statement savings rate of the bank holding the escrow account (reset each Jan 1 and Jul 1), payable at the end of tenancies of 12 months or more.
Florida
- Maximum deposit
- No statutory cap.
- Interest on deposit
- Landlord must tell the tenant in writing within 30 days how and where the deposit is held; if it is held in an interest-bearing account, the tenant is owed at least 75% of the account's annualized average rate or 5% per year simple interest, whichever the landlord elects. Deductions require written notice of claim, sent by certified mail within 30 days after the lease ends.
- Source
- Fla. Stat. § 83.49
Georgia
- Maximum deposit
- 2 months' rent (leases entered/renewed on or after July 1, 2024).
- Interest on deposit
- See state page
Illinois
- Maximum deposit
- No statewide cap.
- Interest on deposit
- Landlords with 25+ units in one building or contiguous complex must pay interest on deposits held more than 6 months (765 ILCS 715). Chicago (RLTO) requires interest on all deposits.
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.
- Interest on deposit
- No for the first five years of a tenancy: interest earned in that period belongs to the landlord.
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.
- Interest on deposit
- See state page
- 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.
- Interest on deposit
- See state page
- 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)).
- Interest on deposit
- No
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).
- Interest on deposit
- No interest requirement in ch. 710-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.
- Interest on deposit
- Yes: simple interest at the greater of the 1-year U.S. Treasury yield rate or 1.5% per year, only on deposits of $50 or more held at least 6 months.
Minnesota
- Maximum deposit
- No statutory cap on the amount.
- Interest on deposit
- Yes: 1% simple, noncompounded interest per year (amounts under $1 excluded).
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'.
- Interest on deposit
- No
- 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).
- Interest on deposit
- No interest requirement in chapter 70-25.
Nevada
- Maximum deposit
- 3 months' periodic rent total (deposit, surety bond and last month's rent combined).
- Interest on deposit
- See state page
- Source
- NRS 118A.242
New York
- Maximum deposit
- 1 month's rent.
- Interest on deposit
- Buildings with 6+ units: interest-bearing account at the prevailing rate; landlord may keep 1% a year as an administrative fee (Gen. Oblig. Law § 7-103). Smaller buildings: held in trust, no interest required.
North Carolina
- Maximum deposit
- 2 weeks' rent (week-to-week), 1.5 months (month-to-month), 2 months (longer terms).
- Interest on deposit
- See state page
- 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)).
- Interest on deposit
- Yes. The landlord must hold the deposit in a federally insured interest-bearing savings or checking account for the tenant's benefit, and pay the deposit and accrued interest on termination of the lease, less permitted deductions. No interest is owed if the period of occupancy was less than nine months (§ 47-16-07.1(1), (3)).
- Source
- N.D.C.C. § 47-16-07.1
Ohio
- Maximum deposit
- No statutory cap.
- Interest on deposit
- If the deposit exceeds $50 or one month's rent (whichever is greater), the excess earns 5% yearly interest when the tenant stays 6+ months.
- 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.
- Interest on deposit
- See state page
- 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.
- Interest on deposit
- Deposits over $100 must be held in a separate escrow account; from the third year of the lease it must earn interest, paid to the tenant yearly minus a 1% landlord fee (68 P.S. § 250.511b). Deposits of $100 or less: no escrow or interest.
South Carolina
- Maximum deposit
- No cap on the amount in the Residential Landlord and Tenant Act.
- Interest on deposit
- See state page
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).
- Interest on deposit
- No interest requirement in §§ 43-32-6.1 or 43-32-24.
Tennessee
- Maximum deposit
- No statutory cap (Tenn. Code Ann. § 66-28-301 sets none).
- Interest on deposit
- See state page
Texas
- Maximum deposit
- No statutory cap.
- Interest on deposit
- See state page
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).
- Interest on deposit
- No
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.
- Interest on deposit
- See state page
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.
- Interest on deposit
- See state page
West Virginia
- Maximum deposit
- See state page
- Interest on deposit
- See state page
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).
- Interest on deposit
- No. The balance of the deposit and prepaid rent is delivered or mailed "without interest" (§ 1-21-1208(a)).
Not yet covered (coming soon): Alabama, Arkansas, Connecticut, Hawaii, Idaho, Indiana, Massachusetts, Michigan, Mississippi, Nebraska, New Hampshire, New Jersey, New Mexico, Oklahoma, Rhode Island, Vermont, Wisconsin.
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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.