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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
| State | Deposit 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.
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.
Review deposit return deadlines and their starting events
Plan the deposit closeout and supporting records