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Note: These GUIDELINES apply mainly to
lease terms of 1 year or more. Each state may have different laws.
Generally, "Short Term" lease agreements do not apply. Short Term may
be defined as a Seasonal Rental (Winter, Summer, Weekly etc), student housing
(semester), dormitories, hotels or rooming houses.
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One of most
important things to do when you leave an apartment (or other rental) is a
walk through with the owner or property manager. Take pictures
when you leave
and both agree to any damages or to the condition of the rental. BEFORE you move
in, a walk through should be done (pictures) and note any damages and condition of the
rental. The move-in list should be referred to when you leave. See
our Normal
Wear Tear Guide.
GET BACK YOUR SECURITY DEPOSIT - RETURN
THE KEYS (avoid a fee); give landlord your forwarding address (failure to do
so may void any "time" rights you have). Use common sense - leave
the rental at least "broom clean". If you do not have time to clean,
hire a cleaning service. Ask the landlord if they have a cleaning service that
they use or suggest. |
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Can't find what you're looking
for? Search RentLaw.com below. |
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Click
on the state name for detailed state information |
| Alabama |
No
statutory deadline |
| Alaska |
14
days if the tenant gives proper notice to terminate tenancy;
30 days if the tenant does not give proper notice |
| Arizona |
14
days |
| Arkansas |
30
days |
| California
|
Under
Civil Code Section 1950.5, the landlord can charge no more
than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for
a fully furnished unit. Within 21 days after you leave the
unit, the landlord must refund your full deposit, except for
limited deductions. |
| Colorado |
Colorado
law requires the landlord return the security deposit or an
itemized statement of the deductions and balance, if any, to
the tenant within 30 days after termination of the lease or
the surrender and acceptance of the premises, whichever occurs
last. This time period may be extended up to sixty days if
specified in the lease. The landlord must either deliver or
mail the full deposit or a statement of deductions and the
balance of the deposit to the last known address of the
tenant. If the landlord fails to provide a written statement
of deductions and the balance of the deposit in full within
the specified time, the landlord forfeits his right to
withhold any portion of the security deposit
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| Connecticut |
30
days, or within 15 days of receiving tenant's forwarding
address, whichever is later. The landlord may be responsible
for up to double the amount of the security deposit for
failing to return the deposit. |
| Delaware |
If
the landlord is not entitled to all or any portion of the
security deposit, the landlord shall remit the security
deposit within 20 days of the expiration or termination of the
rental agreement.
Pet Deposit OK up to 1 month.
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| District
of Columbia |
45
days |
| Florida |
15
to 45 days depending on whether tenant disputes deductions |
| Georgia |
One
month |
| Hawaii |
14
days |
| Idaho |
21
days, or up to 30 days if landlord and tenant agree |
| Illinois
|
30-45
days depending on whether deductions were made. Also depends
on city (Chicago, Evanston etc).
Single condo units are exempt.
Evanston landlords must comply within 21 days to avoid
penalties based on the improperly withheld amount. Oak Park
tenants in units with four or more apartments also have
special rights
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| Indiana |
45
days |
| Iowa |
30
days |
| Kansas |
The
security deposit can be one month's rent for an unfurnished
apartment; 1 1/2 month's for furnished and an added 1/2
month's for pets. The landlord must return the deposit within
30 days or the remainder of the deposit and an itemized list
of deductions. If he or she doesn't comply, tenants may sue
for 1 1/2 times the security deposit in small claims court if
the amount is less than $1,800. |
| Kentucky |
30-60
days depending on whether tenant disputes deductions
Many landlords require a
deposit equal to one month's rent. The landlord must keep all tenant's
deposit money together in a separate account used only for that purpose.
Such account may be in any bank or other lending institution subject to
regulation by the Commonwealth of Kentucky or by any agency of the
United States government. In addition, each tenant must be informed as a
part of the lease agreement of the account's location and number (KRS
383.580).
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| Louisiana |
30
days - in Louisiana called the "Lessee's Deposit
Law," that says a landowner must return your deposit
within 30 days of the date you move out. If any part of a
deposit is not returned, the landowner must send you a list of
the things you are being charged for and the rest of the
deposit. A deposit may be kept for unreasonable wear to the
apartment. The act penalizes the willful failure of the
landowner to obey the law by permitting the tenant the right
to recover actual damages or $200, whichever is greater.
Failure to remit within 30 days of a tenant's written demand
for a refund shall be constitute willful failure. The judge
may award costs and lawyer's fees to the side that wins if you
take the landowner to Court. The law says you cannot give up,
or waive, this right, even in a lease. |
| Maine |
21
days (tenancy at will) or 30 days (written rental agreement) |
| Maryland |
30-45
days depending on whether tenant has been evicted or has
abandoned the premises |
| Massachusetts |
30
days |
| Michigan |
30
days |
| Minnesota |
Three
weeks after tenant leaves, and landlord receives mailing
address; five days if tenant must leave due to building
condemnation |
| Mississippi |
45
days |
| Missouri |
Landlord can only require a maximum two months' rent as a
security deposit. At the end of the lease,
the landlord has 30 days to return the security deposit with an itemized list of damages
for which any portion of the deposit is kept. During that 30-day period, the landlord must notify the
tenant of the time and date when the landlord plans to inspect the dwelling.
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| Montana |
30
days |
| Nebraska |
14
days |
| Nevada |
30
days |
| New
Hampshire |
30
days |
| New
Jersey |
30
days; five days in case of fire, flood, condemnation or
evacuation. Seasonal Rentals (under 125 days) not applicable. |
| New
Mexico |
30
days |
| New
York
|
Reasonable
time |
| North
Carolina
|
30
days |
| North
Dakota |
30
days |
| Ohio |
30
days |
| Oklahoma |
30
days |
| Oregon |
30
days |
| Pennsylvania
|
30
days |
| Rhode
Island |
20
days |
| South
Carolina |
30
days - Any deduction from the security/rental deposit must be
itemized by the landlord in a written notice to the tenant
together with the amount due, if any, within thirty days after
termination of the tenancy and delivery of possession and
demand by the tenant, whichever is later. The tenant shall
provide the landlord in writing with a forwarding address or
new address to which the written notice and amount due from
the landlord may be sent. If the tenant fails to provide the
landlord with the forwarding or new address, the tenant is not
entitled to damages under this subsection provided the
landlord (1) had no notice of the tenant's whereabouts and (2)
mailed the written notice and amount due, if any, to the
tenant's last known address. |
| South
Dakota |
Two
weeks |
| Tennessee |
No
statutory deadline |
| Texas
|
30
days
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| Utah |
30
days, or within 15 days of receiving tenant's forwarding
address, whichever is later |
| Vermont |
14
days |
| Virginia |
30
days |
| Washington |
The
landlord has 14 days after a tenant moves out to return a
deposit, or give a written explanation of why it (or any part
of it) was not refunded. If a landlord does not comply, the
full amount of the deposit must be refunded to the tenant,
regardless of any claims by the landlord that the tenant is
not entitled to a refund. |
| West
Virginia |
No
statutory deadline |
| Wisconsin |
No
Interest required on deposit and no maximum a landlord may
charge - except - see Madison Wisconsin.
The landlord has 21 days after you move out to return the
security deposit. Under state regulations, landlords must
return either the full deposit or a detailed written list of
deductions. (You may ask for receipts if not provided.) If the
landlord fails to do so, you can sue the landlord for twice
the amount of the deposit plus court costs and reasonable
attorney fees.
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| Wyoming |
No
statutory deadline |
