Security Deposit Law

Security Deposit Law Guides — All 50 States

Deposit caps, return deadlines, and penalties for late or wrongful withholding are set state by state — and the differences are significant. Some states cap deposits at one month's rent; others set no limit at all.

Return deadlines range from 14 days in states like New York and Vermont to no statutory deadline at all in Tennessee.

How It Works

Getting your deposit back, step by step

1

Document the unit at move-out

Timestamped photos or video of every room, taken the day you leave, are the single best protection against a disputed deduction later.

2

Provide a forwarding address in writing

Several states don't start the return-deadline clock until the landlord has your new address in writing — send it promptly and keep proof you did.

3

Track the deadline from your move-out date

The clock generally starts the day you vacate, not the date the lease says it ends. Mark the exact deadline your state allows.

4

Send a written demand if the deadline passes

A dated letter citing the statute, the amount owed, and a response deadline creates the paper trail you'll need if the dispute goes further.

5

File in small claims court if necessary

Most deposit disputes fall comfortably within small claims limits, and many states add a penalty multiplier on top of the deposit itself for a landlord who ignored the deadline.

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Pick Your State

State-specific deposit rules

Maximum deposit amounts, return deadlines, and penalty structures that differ substantially from state to state.

Northeast

South

Midwest

West

FAQ

Common questions

What can my landlord legally deduct?

Generally unpaid rent and damage beyond normal wear and tear — not the ordinary aging of a lived-in unit. Your lease and state statute define exactly what qualifies.

What happens if my landlord misses the deadline?

Consequences vary by state, but many impose a penalty on top of the deposit itself — commonly double or triple the wrongfully withheld amount — and some states make the landlord forfeit the right to deduct anything at all.

How long does my landlord have to return my deposit in your state?

In your state, the return deadline is 14 to 60 days depending on the state, under your state's landlord-tenant code.

Is there a cap on how much my landlord can charge in your state?

your state's maximum deposit is one to three months' rent, or no cap.

MH
Melissa Hartwell, J.D.
Legal Content Director · J.D., Member of the State Bar (non-practicing, content review)

Melissa holds a Juris Doctor and spent six years in civil litigation practice before moving into legal content strategy. She reviews all practice-area frameworks published on LawGuideUSA for structural and procedural accuracy.

Not legal advice. This page provides general legal information for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change frequently and vary by jurisdiction — always confirm current rules with a licensed attorney in your state.