Security deposit caps protect tenants from being required to pay excessive upfront amounts just to rent a home. When a landlord charges more than the statutory limit, tenants have legal recourse -- including recovering the excess amount charged. Knowing your state's cap before signing a lease is one of the most practical things you can do to protect yourself.
States with Deposit Caps
The following states have statutory limits on the maximum security deposit a landlord may collect:
- Alabama: No statutory cap, but deposits must be reasonable
- Alaska: 2 months' rent for unfurnished, except that last month's rent collected as security cannot exceed 1 month (AS 34.03.070)
- Arizona: 1.5 months' rent maximum (ARS 33-1321)
- California: 2 months' rent for unfurnished units, 3 months for furnished (Civil Code 1950.5)
- Connecticut: 2 months' rent for tenants under 62, 1 month for tenants 62 and older (CGS 47a-21)
- Delaware: 1 month's rent for leases of 1 year or more (Del. Code Title 25, Section 5514)
- Georgia: No statutory cap, though market norms apply
- Illinois: No statutory cap statewide, though Chicago has local ordinances
- Louisiana: No statutory cap
- Maine: 2 months' rent maximum (14 MRS 6032)
- Maryland: 2 months' rent maximum (MD Code Real Property 8-203)
- Massachusetts: 1 month's rent maximum (MGL c.186 Section 15B)
- Michigan: 1.5 months' rent maximum (MCL 554.602)
- Minnesota: No statutory cap, but landlord cannot collect more than 1 month's rent as deposit plus last month's rent (MN Stat 504B.177)
- New Jersey: 1.5 months' rent maximum (NJSA 46:8-21.2)
- New York: 1 month's rent maximum for most residential leases (NY RPL 227-e)
- North Carolina: 1.5 months' rent for month-to-month leases, 2 months for fixed-term leases (NCGS 42-51)
- Ohio: No cap for leases under 6 months, 1 month's rent for leases of 6 months or more (ORC 5321.16)
- Oregon: No statutory cap, but cannot collect deposit and last month's rent simultaneously without restrictions (ORS 90.300)
- Pennsylvania: 2 months' rent for the first year, 1 month's rent after that (68 PS 250.511a)
- Rhode Island: 1 month's rent maximum (RI Gen Laws 34-18-19)
- Virginia: 2 months' rent maximum (VA Code 55.1-1226)
- Washington: No statutory cap statewide, but some cities (Seattle) cap deposits at 1 month's rent
- Wisconsin: No statutory cap
States with No Statutory Cap
The following states have no state-level cap on security deposits. Landlords may charge any amount the market will bear, though local ordinances (especially in large cities) may impose lower limits:
- Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska (partial), Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah (no cap for most), Vermont, West Virginia, Wyoming
What Is Not Counted in the Cap
Most state caps apply specifically to security deposits. Other payments may be treated separately:
- Last month's rent: Usually counted separately and may have its own rules or interest requirements
- Pet deposits or pet fees: Some states count these toward the overall deposit cap; others treat them as separate. Nonrefundable pet fees are often excluded from deposit caps entirely
- Key or access card deposits: Usually exempt from security deposit caps in most states
- Application fees: Not a deposit and not subject to deposit cap rules
What Happens If Your Landlord Overcharges
If a landlord collects more than the statutory cap, the tenant can typically recover the excess amount. In some states, the landlord may also face additional penalties. You do not need to wait until move-out to address this -- you can demand return of the excess at any time during the tenancy. Document the amount you paid and the statutory limit, then send a formal demand letter citing the specific statute.