Security deposit rules vary significantly by state. Some states cap deposits at one or two months rent; others set no statutory limit. Use this tool to find the maximum a landlord can legally charge in your state.
How to use this tool
Select your state from the dropdown and click Check limit. The result shows the maximum security deposit allowed under your state’s landlord-tenant law. If your result shows “No statutory limit,” your state does not cap the deposit amount, though local ordinances may still apply.
Understanding your results
The result is the maximum a landlord may legally charge as a security deposit under state law. “No statutory limit” means no state-level cap exists, not that landlords can charge any amount without consequence. A deposit must still be commercially reasonable and may be subject to local or county ordinances. The limit applies to residential tenancies; commercial leases follow separate rules.
Legal context
Security deposit limits are set by each state’s landlord-tenant statute. States that cap deposits typically do so at one to two months’ rent for unfurnished properties, with some allowing a higher cap for furnished units or properties above a certain value. Exceeding the statutory limit is a civil violation: tenants can sue for the excess amount plus damages. Always verify the current statute for your state, as limits can change through legislation. This tool reflects state-level law and does not account for city or county ordinances that may impose stricter limits.
Frequently asked questions
How much security deposit can a landlord charge in California?
In California, the maximum security deposit is two months’ rent for unfurnished properties and three months’ rent for furnished ones. This limit applies to residential tenancies and is set under California Civil Code Section 1950.5. Landlords who charge more than the statutory limit are liable to the tenant for the excess amount.
Is there a security deposit limit in Texas?
Texas does not set a statutory cap on security deposits for residential tenancies. A landlord may charge any amount agreed upon in the lease, though the deposit must be reasonable. Texas law governs how the deposit is held and returned but does not limit the initial amount. Check your local city or county rules, as some Texas municipalities impose additional restrictions.
What is the security deposit limit in New York?
New York limits security deposits to one month’s rent for most residential tenancies. This cap was introduced by the Housing Stability and Tenant Protection Act of 2019. The limit applies across the state, not just in New York City. Landlords may not charge advance rent or additional fees that effectively function as a higher deposit.
Does Florida cap security deposits?
Florida does not set a statutory maximum on security deposit amounts for residential tenancies. The amount is negotiated between landlord and tenant and set out in the lease. Florida law does regulate how deposits must be held (in a separate bank account or through a surety bond) and how and when they must be returned, but it places no ceiling on the initial charge.
What happens if a landlord charges more than the legal limit?
In states that cap security deposits, charging more than the permitted amount is a civil violation. The tenant can typically sue to recover the excess, and in some states the landlord forfeits the right to retain any of the deposit, not just the excess. Some states also award the tenant attorney fees. If you believe your landlord has overcharged, contact your state’s tenant rights organisation or a local attorney for advice on your specific situation.
Can a landlord charge a higher deposit for a pet?
Some states allow landlords to charge a separate pet deposit in addition to the standard security deposit, but this varies by state. In states with deposit caps, the combined total of all deposits (security, pet, and any other) typically counts toward the statutory limit. In California, for example, a pet deposit is included in the two-month cap for unfurnished units, not added on top of it. Always check your state’s specific rules on pet deposits before charging or agreeing to one.
Is the deposit limit different for furnished properties?
Some states allow a higher deposit for furnished properties. California, for instance, caps deposits at two months’ rent for unfurnished units but three months’ rent for furnished ones. Other states make no distinction between furnished and unfurnished. If your property is furnished, check your state statute carefully to determine whether a higher limit applies.
Does the security deposit limit apply to commercial leases?
No. State security deposit limits for residential landlord-tenant law do not apply to commercial leases. Commercial deposit terms are negotiated freely between the parties and governed by contract law, not landlord-tenant statutes. This tool covers residential tenancies only.
Can a tenant negotiate a lower deposit?
Yes. The statutory limit is a ceiling, not a floor. A landlord can choose to charge less than the maximum, and a tenant can request a lower deposit as part of lease negotiations. Offering additional references, a guarantor, or a slightly higher monthly rent in exchange for a reduced deposit is a reasonable approach in competitive rental markets.
Do local ordinances ever impose stricter limits than state law?
Yes. Some cities and counties impose deposit limits below the state cap. In states with no statutory limit, local ordinances may still set a maximum. San Francisco, for example, has deposit rules tied to rent control. Always check your city or county’s housing authority website in addition to state law, particularly in jurisdictions with active rent control programmes.
Related tools
Deposit Return Deadline Checker | Deposit Deduction Calculator | Rent Increase Notice Checker