State Deposit Caps
- California: 2 months (unfurnished), 3 months (furnished)
- New York: 1 month (after 2019 Housing Stability Act)
- Texas: No statutory cap
- Florida: No statutory cap
- Washington: No statutory cap
- Massachusetts: 1 month
- New Jersey: 1.5 months
- Connecticut: 2 months (or 1 month if tenant is 62+)
- Pennsylvania: 2 months first year, 1 month after
What Happens If Landlord Charged Over the Cap
- You are entitled to immediate return of the excess
- Some states impose penalties for over-collection
- The excess collection may void the landlord's right to any deposit claim
- You can sue in small claims for the excess amount plus any penalty
No Cap Does Not Mean Unlimited
Even in states with no statutory cap, an unconscionably large deposit may be challengeable as a contract matter. A $10,000 deposit on a $1,200/month apartment is worth scrutinizing.
What to Do If You Were Overcharged
- 1Confirm your state's deposit cap
- 2Calculate how much you paid over the cap
- 3Send a written demand for return of the excess
- 4Cite the specific state statute
- 5File small claims if they refuse