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Security deposit limits by state

Rules and sources from each state's guideGeneral information, not legal advice

The most a landlord may collect as a security deposit in each state, with the statute that sets it. Some states count a pet deposit toward the limit; each state's page has the detail.

By state

StateDeposit limit
Alabama 1 month's rent
except for pets, changes to the premises or added liability risks
Ala. Code § 35-9A-201(a)
Alaska 2 months' rent
prepaid rent and deposit together; no limit when rent is over $2,000 a month
AS 34.03.070(a)
Arizona 1.5 months' rent
including prepaid rent
A.R.S. § 33-1321(A)
Arkansas See guidance
two months in the Attorney General overview; Code coverage not verified
Arkansas Attorney General: deposit guidance Ark. Code Ann. § 18-17-501
California 1 month's rent
on top of the first month's rent; 2 months for a qualifying small landlord, never from a service member
Cal. Civ. Code § 1950.5(c)(1), (c)(5)
Colorado 2 months' rent
two monthly rent payments
C.R.S. § 38-12-102.5(1)
Connecticut 2 months' rent
1 month for a tenant 62 or older
Conn. Gen. Stat. § 47a-21(b)
Delaware 1 month's rent
for a lease of a year or more; furnished units exempt
25 Del. C. § 5514(a)
Florida No limit
Florida sets no maximum
Fla. Stat. ch. 83, part II Fla. Stat. § 83.49
Georgia 2 months' rent
pet deposits count toward it
O.C.G.A. § 44-7-30.1
Hawaii 1 month's rent
plus an agreed pet deposit of up to 1 more month
HRS § 521-44(b)
Idaho No limit
Idaho sets no maximum
Idaho Code § 6-321
Illinois None for homes
no statewide cap for apartments and houses; a mobile home park of 5 or more homes may take no more than one month's rent
765 ILCS 710 765 ILCS 715 765 ILCS 705 765 ILCS 745/12
Indiana No limit
Indiana sets no maximum
Ind. Code §§ 32-31-3-9 to 32-31-3-19
Iowa 2 months' rent
security deposit; Rentari also counts a refundable pet deposit toward the limit
Iowa Code § 562A.12(1)
Kansas 1 month
unfurnished; 1 1/2 months furnished, plus up to 1/2 month where pets are permitted
K.S.A. 58-2550(a)
Kentucky No limit set
no section of KRS chapter 383 caps the amount
KRS chapter 383 KRS 383.580
Louisiana No state limit
Louisiana sets no maximum
La. R.S. 9:3251 to 9:3254
Maine 2 months' rent
deposit and any surety bond together
14 M.R.S. § 6032 14 M.R.S. § 6039(3)
Maryland 1 month's rent
per unit; up to 2 months in one utility assistance case
Md. Code, Real Prop. § 8-203(b)
Massachusetts 1 month's rent
and first and last month's rent, a key and lock, nothing else at move-in
Mass. G.L. c. 186, § 15B(1)(b)
Michigan 1.5 months
of rent, including required prepaid rent
MCL 554.602
Minnesota No limit
Minnesota sets no maximum
Minn. Stat. § 504B.178, subd. 1
Mississippi None in the Act
the deposit section sets no maximum
Miss. Code Ann. § 89-8-21 (reprinted in 2024 HB 1580, not enacted)
Missouri 2 months' rent
a pet deposit is not counted
Mo. Rev. Stat. § 535.300.1
Montana No limit
Montana sets no maximum
MCA 70-25-101 to 70-25-206
Nebraska 1 month's rent
plus a pet deposit of up to one-fourth of a month's rent when appropriate; no added deposit for a service animal
Neb. Rev. Stat. § 76-1416(1) Neb. Rev. Stat. § 20-131.04
Nevada 3 months' rent
deposit, surety bond and last month's rent combined
NRS 118A.242(1)
New Hampshire 1 month's rent
or $100, whichever is greater
RSA 540-A:6, I(a)
New Jersey 1.5 months' rent
yearly increases capped at 10 percent of the deposit
N.J.S.A. 46:8-21.2
New Mexico 1 month's rent
on a rental agreement of less than one year; an annual agreement may take more, with yearly interest
NMSA 1978 § 47-8-18(A)
New York 1 month's rent
includes any advance, such as last month's rent
N.Y. Gen. Oblig. Law § 7-108(1-a)(a)
North Carolina 2 months' rent
for a term longer than month to month; 1.5 months month to month, 2 weeks week to week
N.C. Gen. Stat. § 42-51(b)
North Dakota 1 month's rent
two months for a felony conviction or a prior rental judgment
N.D.C.C. § 47-16-07.1(1)
Ohio No limit
chapter 5321 sets no maximum
Ohio Rev. Code ch. 5321 Ohio Rev. Code § 5321.16
Oklahoma No limit
The Act sets no maximum
41 O.S. § 115
Oregon No limit
state law sets no maximum; Portland does
ORS 90.300
Pennsylvania 2 months
of rent in the first year; 1 month from the second year
68 P.S. § 250.511a(a), (b)
Rhode Island 1 month's rent
a separate furniture deposit is allowed only for furniture worth $5,000 or more
R.I. Gen. Laws § 34-18-19(a), (e)
South Carolina No limit
South Carolina sets no maximum
S.C. Code Ann. §§ 27-40-10 to 27-40-940
South Dakota 1 month's rent
more only by agreement where special conditions endanger the premises
SDCL § 43-32-6.1
Tennessee Not verified
the governing section is published only through LexisNexis; not read
Tenn. Code Ann. § 66-28-301 (not read)
Texas No limit
Texas sets no maximum
Tex. Prop. Code §§ 92.101 to 92.113
Utah No limit
Utah sets no maximum
Utah Code ch. 57-17
Vermont No limit
chapter 137 sets no maximum
9 V.S.A. § 4461 9 V.S.A. ch. 137
Virginia 2 months' rent
a pet deposit counts toward the cap
Va. Code § 55.1-1226(A) Va. Code § 55.1-1208(A)(7)
Washington No statewide limit
some cities set their own
RCW 59.18.260 RCW 59.18.610
Washington, D.C. 1 month
of rent, all deposits together, under the housing regulations
14 DCMR 308
West Virginia No limit set
neither the deposit article nor the landlord and tenant article caps it
W. Va. Code chapter 37, article 6 W. Va. Code chapter 37, article 6A
Wisconsin No limit
chapter 704 and the rental practices code set none
Wis. Admin. Code § ATCP 134.06 Wis. Stat. § 704.28
Wyoming No limit
Wyoming sets no maximum
W.S. 1-21-1201 to 1-21-1211

Deposit questions

Is one or two months of rent always the right deposit?

Use the rule for the property's jurisdiction and tenancy, rather than a typical amount. Check which payments count toward the cap, applicable exceptions, local rules and any housing-program requirements before quoting or collecting a deposit. A missing review is different from a rule that sets no statewide maximum.

Does a Housing Choice Voucher cover the deposit?

HUD's June 2025 Housing Search and Leasing guide says the ordinary HCV program does not cover the deposit cost. Ask the local housing agency about its deposit policy, possible installments and separate community assistance. Availability and funding need confirmation; a voucher does not guarantee a separate deposit award.

HUD HCV guide, June 2025, page 7

When should the deposit be paid?

Before payment is requested, check the applicable law and reviewed agreement for the amount, due date, any installments, receipt and account requirements. State those terms clearly and retain the payment record. Lease signing, payment, possession and the later refund deadline are separate events; this table does not set a nationwide collection date.

Can the deposit change when rent increases?

A rent increase alone does not establish which deposit change is permitted. Check the current cap, rules on increases and notice, the existing held balance, the agreement and any housing-program restrictions before requesting more. Review the linked state guide and current official text for the actual tenancy.

What if a proposed charge exceeds the deposit?

Review that claim separately: preserve the lease, ledger, condition evidence, invoices, itemization and delivery records, and distinguish damage from ordinary wear. HUD's HCV guide allows an owner to seek a remaining amount owed under the lease when the deposit is insufficient; this does not prove a disputed charge. For any tenancy, obtain qualified advice on applicable law, evidence, defenses and filing deadlines before collection or a case.

HUD HCV guide, June 2025, page 7

Review deposit return deadlines and their starting events
Plan the deposit closeout and supporting records

More state comparisons