SECURITY DEPOSIT SUMMARY OF STATE LAWS
When you move into a new home, the landlord will typically require to have ready a Security Deposit.
We go into more detail elsewhere on RentLaw.com, but briefly:
The security deposit is held by the landlord to cover costs that may arise if you damage or fail to pay rent or other reasons identified in the lease.
Since there are often so many issues regarding a tenant’s deposit (that is who it belongs to ), most states as well as many cities and programs that pay out the security deposit have laws and how it is held .
There are laws on how soon after the tenant leaves the security deposit must be returned. If the landlord deducts a portion (or all) of the security deposit, a letter must be sent to the tenant advising them of these charges.
State Security Deposit Law
| State | Summary of Security Deposit Return |
|---|---|
| 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 | 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 | 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. |
| 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. |
| Deleware | If the landlord is not entitled to all or any portion of the security deposit, the landlord must remit the security deposit within 20 days of the expiration or termination of the rental agreement. Pet Deposit OK up to 1 month. |
| 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 specific cities/county may vary). Single condo units are exempt. |
| 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. |
| 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........ |
| Louisana | 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. ........ |
| Maine | 21 days (tenancy at will) or 30 days (written rental agreement) |
| Maryland | 30-45 days. If tenant abandons or is evicted, see more. |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Minnesota | Three weeks after tenant leaves AND landlord receives new mailing address. Condemnation 5 days. |
| Mississippi | 45 days |
| Missouri | Can only require a maximum two months' rent as a security deposit. At the end of the lease, landlord has 30 days to return the security deposit with an itemized list of damages for which any portion of the deposit is kept. |
| Montana | 30 days |
| Nebraska | 30 days |
| Nevada | 30 days |
| New Hampshire | |
| 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 - see specific cities or counties |
| Rhode Island | 20 days |
| South Carolina | 30 days - Any deduction from the security/rental deposit must be itemized by landlord in a written notice to the tenant together with the amount due, if any... |
| South Dakota | Two weeks |
| Tennessee | No statutory deadline |
| Texas | 30 days |
| Utah | 30 days, or within 15 days of receiving tenant's forwarding address, whichever is later |
| Vermont | 14 days |
| Virginia | 30 days |
| Washington | 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..... |
| West Virginia | No statutory deadline |
| Wisconsin | No Interest required on deposit and no maximum a landlord may charge - except - see Madison Wisconsin. |
| Wyoming | No statutory deadline |