Security deposit: how much, state limits and how to get it back

What is a security deposit?

A security deposit is money you pay the landlord at the start of a lease, held to cover unpaid rent or damage beyond normal wear and tear when you leave. It still belongs to you. The landlord has to return it, minus any lawful deductions, by a deadline your state sets.

Deposit rules are state law, and some cities add their own. The rules below come from each state’s statute or an official state page. Always check the current rules for your state and city before you rely on a number.

A deposit is different from first or last month’s rent and from a non-refundable move-in fee. Some states count all of these toward one cap. New York, for example, caps “any deposit or advance” at one month’s rent, whatever the landlord calls it.

How much is a security deposit?

Most security deposits equal one to two months’ rent. California’s court self-help guide says deposits are “usually 1 to 2 month’s rent,” and a 2025 Zillow survey of recent renters put the typical deposit at about $800, according to The New York Times.

Many states cap the amount. Others set no cap, which leaves it to the market and your lease. A landlord may ask for more if your credit is thin, though a cap still applies where there is one.

If the deposit is hard to raise, some landlords offer a monthly-fee alternative. Read our security deposit insurance guide before you choose one: the fee is non-refundable and protects the landlord, not you.

Security deposit laws by state

Deposit caps run from one month’s rent to two months’, and return deadlines from 14 to 60 days, in the states below. Each row comes from the statute or an official state page listed in our sources.

State	Maximum deposit	Deadline to return or itemize	Penalty for wrongful withholding
New York	1 month’s rent (most units)	14 days after you move out	Lose right to keep any of it if late; up to 2x deposit if willful
Massachusetts	1 month’s rent, plus first and last month’s rent and a lock fee	30 days after tenancy ends; itemized list sworn under penalty of perjury	3x the deposit, plus 5% interest, costs and attorney’s fees
New Jersey	1.5 months’ rent	30 days, by personal delivery or registered or certified mail, with an itemized list	Court must award double the amount withheld, plus costs
Maryland	1 month’s rent (with a narrow utility-assistance exception)	45 days, with interest and itemized list	Up to 3x the amount withheld, plus attorney’s fees
Virginia	2 months’ rent	45 days after tenancy ends, with itemized notice	Willful violation: deposit back plus actual damages and attorney’s fees
Florida	No cap in 83.49	15 days if no claim; 30 days to send notice of a claim	You have 15 days to object to a claim
Michigan	1.5 months’ rent	30 days to mail an itemized notice of damages	Miss the notice and the full deposit is due; 2x the amount kept without a court judgment
Missouri	2 months’ rent	30 days, with itemized list	2x the amount wrongfully withheld
Iowa	2 months’ rent	30 days after tenancy ends and you give a forwarding address	Bad faith: up to 2x monthly rent in punitive damages
Arkansas	2 months’ rent (landlords with 5 or fewer units exempt unless professionally managed)	60 days after tenancy ends and you hand back possession	2x the amount wrongfully withheld, plus costs and attorney’s fees
Oklahoma	No cap in the statute	45 days after tenancy ends and you make a written demand	Make the demand within 6 months or the deposit reverts to the landlord
Oregon	No cap in the statute	31 days, with written accounting	2x the amount withheld
Wisconsin	No cap in ATCP 134.06	21 days, with written statement	See the rule
Georgia	2 months’ rent (leases signed or renewed from July 1, 2024)	30 days after landlord regains possession	3x the amount wrongfully withheld, plus attorney’s fees
California	1 month’s rent for deposits collected from July 1, 2024 (2 months for some small landlords)	21 days	Up to 2x deposit in bad faith, on top of the deposit

A few states attach conditions that catch tenants out. Iowa’s deadline doesn’t start until you give a forwarding address, and you forfeit the deposit if you don’t provide one within a year. Oklahoma’s starts only after a written demand. Texas, which isn’t in the table, gives landlords 30 days after you surrender the unit but doesn’t require the refund until you give a written forwarding address.

What can a landlord deduct from a security deposit?

A landlord can deduct unpaid rent and the cost of repairing damage beyond normal wear and tear. Many states also allow unpaid utilities or other charges the lease makes you responsible for. They can’t deduct for the ordinary aging of the apartment.

Normal wear and tear is the decline that comes from living in a place as intended. Texas defines it as “deterioration that results from the intended use of a dwelling.” Idaho Legal Aid’s guide gives clear examples:

Normal wear and tear (landlord pays)	Damage (can come out of the deposit)
Faded, slightly worn or cracking paint	Paint in a color the landlord didn’t approve
A few small nail or pin holes	Large holes in walls
Carpet faded or worn thin from foot traffic	Holes, stains or burns in carpet
Hardwood floors that need refinishing	Chipped or gouged flooring
Loose grout or tiles	Missing or cracked tiles
Worn enamel in an old tub or sink	Chipped or broken fixtures
Doors that stick from humidity	Doors ripped off hinges
Old appliances at the end of their life	Broken or missing windows

Cleaning is the gray area. California limits cleaning deductions to what it takes to make the unit “as clean as when the tenant first moved in.” Wisconsin’s rule notes that routine painting or carpet cleaning generally can’t be deducted unless there’s unusual damage. Oregon lets a landlord deduct for machine carpet cleaning only if the lease says so in writing and the carpet was cleaned before you moved in.

Our move-out cleaning checklist covers what to clean room by room so cleaning isn’t a deduction.

What is an itemized statement?

An itemized statement is the landlord’s written list of every deduction, with the reason and amount. Most states require one whenever the landlord keeps any part of the deposit, and many take away the landlord’s right to deduct if it’s late.

What the statement must include varies:

• California requires invoices or receipts for deductions over $125.
• Washington requires a “full and specific statement,” with invoices or estimates for damage charges.
• Massachusetts requires the list to be sworn under penalty of perjury and backed by estimates, bills or receipts.
• Maryland requires supporting documentation and lets you attend the move-out inspection if you ask by certified mail at least 15 days before you leave.

New York and California also give you the right to a pre-move-out inspection, so you can fix problems before you leave.

How do you get your security deposit back?

You get your deposit back by proving the apartment’s condition at both ends of the lease and giving the landlord what they need to send it. Most deposit disputes come down to evidence.

1. Document move-in. Fill out any move-in condition form, add anything missing, and keep a copy. Georgia’s UGA Extension advises not signing the move-in list until you’ve added all existing damage. Take dated photos and video of every room.
2. Report problems in writing during the lease, so a slow leak or broken appliance is on record as the landlord’s issue.
3. Ask for a pre-move-out inspection where your state allows it, and fix what’s flagged.
4. Clean thoroughly and repair what you broke. Patch small holes if your lease allows it.
5. Photograph move-out in the same angles as move-in, after cleaning and with the unit empty.
6. Return all keys and note the date you handed back possession.
7. Give a written forwarding address. In Iowa and Texas the deadline or refund depends on it. Keep a copy.

If you’re also buying renters insurance for your next place, our guide to what renters insurance covers explains why it won’t replace a lost deposit but does protect your belongings.

What to do if your landlord keeps your deposit

If your landlord misses the deadline or makes deductions you dispute, the usual path is a written demand letter, then small claims court. Check your state’s rules first, because deadlines and penalties shape what you can ask for.

Send a demand letter. Nolo suggests a short letter naming the unit, your move-out date and the deposit amount, and setting a deadline of about a week for payment. Explain why each disputed deduction is wrong. Send it in a way you can prove, such as certified mail, and keep a copy.

File in small claims court. Deposit cases are common there, and you usually don’t need a lawyer. California’s small claims limit is $12,500. Nolo notes that in most states the landlord has to prove the deductions were justified. Bring your lease, move-in and move-out photos, any inspection reports, the itemized statement, cleaning receipts and your demand letter.

Ask about penalties. Many states add damages when a deposit is kept in bad faith or returned late, as the table above shows. The court decides whether they apply.

For help, contact your state attorney general’s consumer office, a local legal aid group or your state housing agency. Our tenant rights guide covers more of your rights as a renter.

Bottom line

A security deposit is usually one to two months’ rent, and many states cap it and set a firm return deadline. Landlords can deduct for unpaid rent and real damage, but not for normal wear and tear. Photos at move-in and move-out, a written forwarding address and a clean apartment are what get the money back. If it’s wrongly kept, a demand letter and small claims court are the standard next steps.

Laws change and vary by state and city. This guide is general information, not legal advice.