by Elizabeth Bennett Colegrove 7 Comments
This post may contain affiliate links.
As a landlord who operates in 3 different states I can tell you that every state I work in has different laws and some are stricter than others. I have seen the question often on where to look for the security deposit as this is a hot topic for both landlords AND tenants.
To make it easy for everyone I have compiled a quick reference sheet for security deposit information along with a link to the more detailed information on the NOLO website AND the state code. This is at the state level so it is important to look at your local city or county rules as they can often be more strict than the state.
As always, this is just a “resource” or starting point, it is to be used as nothing more than a guide! Many states such as California and Florida have very detailed procedures for the security deposit. It is very important that you read the particular statesrulesin DETAIL on the state website to make sure you are complying at both move in and move out. The Nolo guide and this post are just great starting places. As always, everything is constantly changing between stricter local city/municipal and new laws. Forlandlord AND tenant, I always recommend you check the state’s website if you have any questions or before you create a move out statement.
I personally love NOLO legal books and use them in all my states. Before we get started with links to all 50 state laws.
Here are some of my NOLO favorite guidebooks!
Every Landlord’s Legal GuFirst-Time
Time Landlord: Your Complete Guide to Renting Out Your Single Family Home
The California Law Books Rights & Responsibilities
Neighbor Law: Fences Trees, Boundaries & Noise
- Security Deposit Amount Allowed to Charge (not including pet, etc)– 1 month
- Time to Return – 60 days
- State Security Deposit Code–Alabama Code § 35-9A-201
- Security Deposit Amount Allowed to Charge (not including pet, etc)– 2 months unless exceed $2,000
- Time to Return – 14 days with proper notice, 30 days without
- State Security Deposit Code–Alaska Statutes § 34.03.070
- Security Deposit Amount Allowed to Charge (not including pet, etc)–1.5 months
- Time to Return– 14 days
- State Security Deposit Code–Arizona Revised Statutes (Annotated) § 33-1321
- Security Deposit Amount Allowed to Charge (not including pet, etc)-2months (unless self managed by someone with less than 5 units)
- Time to Return–60days
- State Security Deposit Code–Arkansas Code Annotated §§ 18-16-303 to 18-16-305
- Security Deposit Amount Allowed to Charge (not including pet, etc)– 2months unfurnished, 3 months furnished
- Time to Return– 21days
- State Security Deposit Code–California Civil Code §§ 1950.5 and 1940.5(g)
- Security Deposit Amount Allowed to Charge (not including pet, etc)–No Statutory limit at state level
- Time to Return– 1 month unless, lease specifies otherwise (not to exceed 60 days), Exception is if 72 hours if hazard condition existed to cause vacation from premise
- State Security Deposit Code–Colorado Revised Statutes §§ 38-12-102 to 38-12-104
- Security Deposit Amount Allowed to Charge (not including pet, etc)–2 Months under 62 years old, 1 Month for over 62 years old
- Time to Return– 30 Days from Vacation of Premise or 15 days of receiving forwarding address, which ever is later
- Interest Payments Required – Yes, no later than 30 days after termination of tenancy. The interest rate isequal to the average rate paid on savings deposits by insured commercial banks, as published by the Federal Reserve Board Bulletin, rounded to the nearest 0.1% * (from nolo site)
- State Security Deposit Code–Connecticut General Statutes Annotated § 47a-21
- Security Deposit Amount Allowed to Charge (not including pet, etc)– 1 Month for one year or more, no limit on furnished or month-to-month, addition for pet can be required
- Time to Return– 20 Days
- State Security Deposit Code– Delaware Code Annotated Title 25 § 5514
- Security Deposit Amount Allowed to Charge (not including pet, etc)– 1 Month except for rent stabilized
- Time to Return–45 days from keys and vacating
- State Security Deposit Code– DC Code Annotated § 42-3502.17
- Security Deposit Amount Allowed to Charge (not including pet, etc)–No State Limit
- Time to Return–15 to 60 days depending on if charges are disputed
- Interest Payments Required– Any interest must be paid annually and end of the year, no interest to wrongly terminates early
- State Security Deposit Code– Florida Statutes Annotated §§ 83.49 and 83.43 (12
- Security Deposit Amount Allowed to Charge (not including pet, etc)–No State Requirements
- Time to Return– 1 month
- State Security Deposit Code– Georgia Code Annotated §§ 44-7-30 to 44-7-37
- Security Deposit Amount Allowed to Charge (not including pet, etc)–1 Month
- Time to Return-14 Days from Surrender
- State Security Deposit Code– Hawaii Revised Statutes § 521-44
- Security Deposit Amount Allowed to Charge (not including pet, etc)–No State Law
- Time to Return–21days from move out or 31 if tenant and landlord agrees
- State Security Deposit Code– Idaho Code § 6-321
- Security Deposit Amount Allowed to Charge (not including pet, etc)–No State Law
- Time to Return–30 -45 days for 5 or more units
- Interest Payments Required–on units held more than 6 months if one has more than 25 units
- State Security Deposit Code– Illinois Compiled Statutes Chapter 765 §§ 710/1 and 715/3
- Security Deposit Amount Allowed to Charge (not including pet, etc)–No State Law
- Time to Return-45 days once surrender
- Interest Payments Required–None at State Level
- State Security Deposit Code– Indiana Code Annotated §§ 32-31-3-9 to 32-31-3-19
- Security Deposit Amount Allowed to Charge (not including pet, etc)–2 Months
- Time to Return-30 days once surrender
- Interest Payments Required–Yes for a tenancy for more than 5 years if interest is earned
- State Security Deposit Code– Iowa Code Annotated § 562A.12
- Security Deposit Amount Allowed to Charge (not including pet, etc)– 1 Months
- Time to Return-30days once surrender
- Interest Payments Required–Not at state level
- State Security Deposit Code– Kansas Statutes Annotated §§ 58-2550
- Security Deposit Amount Allowed to Charge (not including pet, etc)–Not at state level
- Time to Return-30– 60 days depending on if deductions are needed
- State Security Deposit Code– Kentucky Revised Statutes Annotated § 383.580
- Security Deposit Amount Allowed to Charge (not including pet, etc)–Not at state level
- Time to Return– 1 Month
- State Security Deposit Code– Louisiana Revised Statutes Annotated § 9:3251
- Security Deposit Amount Allowed to Charge (not including pet, etc)– 2 Months
- Time to Return– 30 days under written tenancy 21 days if its at will
- State Security Deposit Code– Maine Revised Statutes Annotated Title 14 §§ 6031 to 6038
- Security Deposit Amount Allowed to Charge (not including pet, etc)– 2 Months
- Time to Return– 45days
- Interested Payments Required –security deposits of $50 or more (at an annual noncompounded rate of 3%).
- State Security Deposit Code– Maryland Code Annotated (Real Property) §§ 8-203 and 8-203.1
- Security Deposit Amount Allowed to Charge (not including pet, etc)– 1 Months
- Time to Return-30days once surrender
- Interest Payments Required–5% or amount paid by the bank (must be local) and paid yearly and at terminationwith thelast month not counting
- State Security Deposit Code– Massachusetts General Laws Annotated Chapter 186 § section 15B
- Security Deposit Amount Allowed to Charge (not including pet, etc)– 1.5 Months
- Time to Return-30days once surrender
- State Security Deposit Code– Michigan Compiled Laws §§ 554.602 to 554.616
- Security Deposit Amount Allowed to Charge (not including pet, etc)– No State Limit
- Time to Return-3 weeks
- Interest Payments Required– 1% simple noncompound interest per year
- State Security Deposit Code– Minnesota Statutes Annotated §§ 504B.175 and 504B.178
- Security Deposit Amount Allowed to Charge (not including pet, etc)– No State Limit
- Time to Return-45 Days after move out
- State Security Deposit Code– Mississippi Code Annotated § 89-8-21
- Security Deposit Amount Allowed to Charge (not including pet, etc)–2 Months
- Time to Return-30 Days
- State Security Deposit Code– Missouri Annotated Statutes § 535.300
- Security Deposit Amount Allowed to Charge (not including pet, etc)-No State Law
- Time to Return-30 Days from surrender, 10 days if no deductions
- State Security Deposit Code– Montana Code Annotated §§ 70-25-101 to 70-25-206
- Security Deposit Amount Allowed to Charge (not including pet, etc)- 1 month unless special circ*mstances (pets, etc)
- Time to Return-14 Days from move out
- State Security Deposit Code– Nebraska Revised Statutes § 76-1416
- Security Deposit Amount Allowed to Charge (not including pet, etc)- 3months
- Time to Return-30Days from move out
- State Security Deposit Code– Nevada Revised Statutes Annotated §§ 118A.240 to 118A.250
- Security Deposit Amount Allowed to Charge (not including pet, etc)-equivalent to 1 months rent or $100 whichever is greater (law does not apply with certain exceptions)
- Time to Return-20Days from move out unless landlord shares the unit (if share check law as specific rules apply)
- Interest Payments Required- yes to any deposit held more than a year
- State Security Deposit Code– New Hampshire Revised Statutes Annotated §§ 540-A:5 to 540-A:8; 540-B:10
- Security Deposit Amount Allowed to Charge (not including pet, etc)-equivalent to 1.5 months rent.Any additional security deposit, collected annually, may be no greater than 10% of the current security deposit.
- Time to Return-30Days from move out (traditional) if due to fire, flood, condemnation or evaluation it is 5 days
- Interest Payments Required-Yes in annual interest or rent payment and every time it is paid landlord must supplylandlord must disclose the name and address of the financial institution where the deposit is being held, the type of account, current rate of interest, and the amount of the deposit. (owner occupied buildings with 3 or lessunits are not applicable unless tenant give landlord 30 writtennotice that they want to invoke the law
- State Security Deposit Code– New Jersey Statutes Annotated §§ 46:8-19, 44:8-21, 44:8-26.
- Security Deposit Amount Allowed to Charge (not including pet, etc)-equivalent to 1 months rent if less than 1 month. No limit if it is for more than one year.
- Time to Return-30Days from move out
- Interest Payments Required- Must pay annualinterest (euql to passport interest)to those that are larger than one month’s rent on a years lease
- State Security Deposit Code– New Mexico Statutes Annotated § 47-8-18
- Security Deposit Amount Allowed to Charge (not including pet, etc)-No New York State regulation but check local city regulations. Some cities such as New York Cityare rent control
- Time to Return-Return within “Reasonable” time. That is ultimately determine in small claim court but typically means window of 21 to 45 days per Nolo
- Interest Payments Required- If deposited in a bank must disclose name and address of financeinstitution Non regulated Building of 6 or more unitsmust pay tenants interest.
- State Security Deposit Code– N.Y. General Obligations Law §§ 7-103 to 7-108
- Security Deposit Amount Allowed to Charge (not including pet, etc)- Up to 1.5 on month-to month lease,and 2months rent if it is longer than 2 months
- Time to Return-30 days, If it cannot be finalized an interim can be sent to the tenants with a final accounting within 60 days
- Interest Payments Required-30 days of the beginning of the lease term, disclose the name and address of the banking institution where the deposit is located.
- State Security Deposit Code– North Carolina General Statutes §§ 42-50 to 42-56
- Security Deposit Amount Allowed to Charge (not including pet, etc)- 1 Month Rent
- Specific Pet Deposit– $2,500 or an equal amount to two months rent
- Time to Return-30 days
- Interest Payments Required-If the period of occupancy is at least nine months, interest must be paid to the tenant at the end of the lease.
- State Security Deposit Code– North Dakota Century Code § 47-16-07.1
- Security Deposit Amount Allowed to Charge (not including pet, etc)-No State Statue, Check Local Level
- Time to Return-30 days
- Interest Payments Required-Landlords in Ohio must pay interest on most security deposits at the rate of 5% per year, if the tenant stays six months or more.
- State Security Deposit Code– Ohio Revised Code Annotated § 5321.16
- Security Deposit Amount Allowed to Charge (not including pet, etc)-No State Statue, Check Local Level
- Time to Return-30 days
- Interest Payments Required-Not at State Level
- State Security Deposit Code– Oklahoma Statutes Annotated Title 41, section 115
- Security Deposit Amount Allowed to Charge (not including pet, etc)-No State Statue, Check Local Level except a landlordmay not impose or increase a deposit within the first year of a tenancy unless both landlord and tenant agree to modify the rental agreement to allow for a pet or other cause, and the deposit imposition or incresae relates to that modification
- Time to Return-31 days
- Interest Payments Required-Not at State Level
- NonRefundable Fees– Not Allowed
- State Security Deposit Code– Oregon Revised Statutes §§ 90.300, 90.302
- Security Deposit Amount Allowed to Charge (not including pet, etc)-2 months rent for the first year and 1 month for subsequent years
- Time to Return-30 days
- Interest Payments Required- Yes. For security deposits over $100, landlords in Pennsylvania must deposit the funds in a federally- or state-regulated institution and give the tenant the name and address of the banking institution and the amount of the deposit. Also in Pennsylvania, tenants who occupy a rental unit for two or more years are entitled to interest paid on the security deposit beginning on the 25th month of occupancy.
- State Security Deposit Code– Pennsylvania Consolidated Statutes Annotated Title 68 §§ 250.511a to 250.512
- Security Deposit Amount Allowed to Charge (not including pet, etc)-1 Month
- Time to Return-20 days
- Interest Payments Required-Not at the StateLevel, Check your Local Laws
- State Security Deposit Code– Rhode Island General Laws § 34-18-19
- Security Deposit Amount Allowed to Charge (not including pet, etc)- Not at the StateLevel, Check your Local Laws
- Time to Return-30 days
- Interest Payments Required-Not at the StateLevel, Check your Local Laws
- State Security Deposit Code– South Carolina Code Annotated § 27-40-410
- Security Deposit Amount Allowed to Charge (not including pet, etc)-1 Month unless a special condition pose a danger to the maintenance of the premise
- Time to Return-14 days – Written and Itemized Accounting must be provided within 45 days if the tenant requires it
- Interest Payments Required-Not at the StateLevel, Check your Local Laws
- State Security Deposit Code– South Dakota Codified Laws Annotated §§ 43.32-6.1 and 43-32-24
- Security Deposit Amount Allowed to Charge (not including pet, etc)- Not at the StateLevel, Check your Local Laws
- Time to Return-30 Days
- Interest Payments Required- Landlordsmust provide tenants with advance notice before taking any deductions out of the security deposit, such as for the cost of repairs for damage to the property.Also, Tennessee landlords must put deposits in a separate account and orally or in writing disclose the location of this account to the tenant.
Exception: Population of Less than 75,000 according to 2010 Federal Census
- State Security Deposit Code– Tennessee Code Annotated § 66-28-301
- Security Deposit Amount Allowed to Charge (not including pet, etc)- Not at the StateLevel, Check your Local Laws
- Time to Return-30 Days
- Interest Payments Required-Not at the StateLevel, Check your Local Laws
- State Security Deposit Code– Texas Property Code Annotated §§ 92.101 to 92.109
- Security Deposit Amount Allowed to Charge (not including pet, etc)-Not at the StateLevel, Check your Local Laws
- Time to Return-30 Days
- Interest Payments Required-Deposit must be returned to tenants, landlords in Utah must — for written leases or rental agreements only — disclose if and when part of the security deposit is nonrefundable.
- State Security Deposit Code– Utah Code Annotated §§ 57-17-1 to 57-17-5
- Security Deposit Amount Allowed to Charge (not including pet, etc)-Not at the StateLevel, Check your Local Laws
- Time to Return-14 Days after Tenant has moved out or 60 days if the rental is seasonable and not intended as a primary residence
- Interest Payments Required- Not at the StateLevel, Check your Local Laws
- State Security Deposit Code– Vermont Statutes Annotated Title 9 § 4461
- Security Deposit Amount Allowed to Charge (not including pet, etc)-2 Months Rent
- Time to Return-45 Days
- Interest Payments Required- Landlords in Virginia must pay accrued interest on all security deposits at an annual rate equal to 4% below the Federal Reserve Board discount rate as of January 1 of each year. No interest is payable unless the landlord holds the deposit for over 13 months after the date the rental agreement was signed, and there has been continuous occupancy of the same unit.
- Interest PaymentException–Single-family residences are excempt where the owner(s) are natural persons or their estates who own in their own name no more than 10 single-family residents subject to a rental agreement
- State Security Deposit Code– Virginia Code Annotated § 55-248.15:1
- Security Deposit Amount Allowed to Charge (not including pet, etc)-Not at the StateLevel, Check your Local Laws
- Time to Return-14 Days after Tenant has moved out or 60 days if the rental is seasonable and not intended as a primary residence
- Interest Payments Required- Landlords in Washington must disclose in the lease the circ*mstances under which all or part of the deposit may be withheld and must provide a receipt with the name and location of the banking institution where the deposit is being held. No deposit may be collected unless the rental agreement is in writing and the landlord has provided the tenant a written checklist or statement describing the condition and cleanliness of or existing damage to the premises and furnishings at the start of the tenancy. If a landlord collects a nonrefundable fee, the rental document must clearly specify that it is nonrefundable.
- Interest PaymentException –Security deposit rules do not apply to a lease of a single-family dwelling of a year or more, or to a landlord’s employees (such as a manager) whose right to coccupy is conditioned upon employment in or about the prmieses.
- State Security Deposit Code–Washington Revised Code Annotated §§ 59.18.260 to 59.18.285
- Security Deposit Amount Allowed to Charge (not including pet, etc)-Not at the StateLevel, Check your Local Laws
- Time to Return–60 days from the date the tenancy has terminated, or within 45 days of the occupancy of a subsequent tenant, whichever is shorter. If the damage exceeds the amount of the security deposit and the landlord has to hire a contractor to fix it, the notice period is extended 15 days.
- Interest Payments Required- Not at the StateLevel, Check your Local Laws
- State Security Deposit Code– West Virginia Code §§ 37-6A-1 et seq
- Security Deposit Amount Allowed to Charge (not including pet, etc)-Not at the StateLevel, Check your Local Laws
- Time to Return– 21 Days
- Interest Payments Required- Yes. Before accepting the deposit, landlords in Wisconsin must inform the tenant of 1) the tenant’s inspection rights, 2) all habitability defects, 3) any outstanding building and housing code violations, 4) the means by which shared utilities will be billed, and 5) whether or not utilities are paid for by the landlord.
- State Security Deposit Code– Wisconsin Administrative Code, ATCP § 134.06 and Wisconsin Statute §704.28
- Security Deposit Amount Allowed to Charge (not including pet, etc)-Not at the StateLevel, Check your Local Laws
- Time to Return– 21 Days
- Interest Payments Required- 30 days after the tenant has moved out if there are deductions for unpaid rent (or within 15 days of receiving the tenant’s forwarding address, whichever is later). If there are deductions due to damage to the rental property, the landlord can take an additional 30 days to return the deposit. In addition,the lease or rental agreement must state whether any portion of the security deposit is nonrefundable, and the landlord must give the tenant written notice of this fact when collecting the deposit.
- State Security Deposit Code– Wyoming Statutes §§ 1-21-1207 and 1-21-1208
What has you experience been regarding security deposits?
