How much a security deposit can be depends on the state you rent in. Where states set a cap, the limit typically runs from one month’s rent to three months’ rent; roughly half of all states set no statutory maximum at all, leaving the amount to the market and to any local rules that apply. A handful of cities go tighter than their state, and specific circumstances — a furnished unit, a pet, a higher-end property — can shift what a landlord is allowed to charge.
State Caps by Tier
There is no federal law limiting security deposits. Each state decides on its own, and the approaches sort into a few groups.
- About ten states cap deposits at one month’s rent, sometimes with exceptions for pets, tenant-requested modifications, or tenants the landlord considers higher risk.
- Roughly nine states cap deposits at two months’ rent. A few of these use a different limit for units renting above a set price.
- A smaller group sets the ceiling somewhere between one and a half and three months’ rent, and the applicable figure can depend on the lease length or the tenant’s age.
- Approximately 24 states and territories set no statutory maximum. Landlords in those places can technically ask for any amount, though competing rentals and local ordinances tend to keep figures within a normal range.
Even without a hard cap, a court can push back on a deposit that looks unreasonable or designed to discourage a tenant from asserting their rights. If your state has no limit, the most reliable benchmark is what comparable units in your area are charging.
When Landlords Can Charge More
Furnished apartments often carry higher deposit ceilings. Some states that cap deposits at one or two months’ rent for unfurnished units allow an extra half-month or full month when furniture, appliances, and electronics are included. Check whether your state’s cap steps up for a furnished rental before you sign.
Premium features — stone countertops, custom cabinetry, professional-grade appliances — can also push deposit requests higher, especially in states without a hard cap. Courts generally accept a larger deposit in those situations as long as it looks proportional to the actual replacement risk rather than a way to pocket extra money upfront.
Pet Deposits and Pet Fees
In states that cap the total security deposit, a pet deposit usually counts toward that overall maximum. If your state limits deposits to two months’ rent, the general deposit plus any pet deposit combined cannot exceed that. A smaller number of states let a pet deposit sit on top of the general cap, and a few allow a nonrefundable pet fee to cover cleaning.
Pet deposits typically run from half a month’s rent to a full month’s rent in states that spell out a figure. Elsewhere the statute simply calls for a “reasonable” amount. If your landlord charges both a refundable pet deposit and a nonrefundable pet fee, the lease should clearly identify which portion you can expect back.
Service Animals and Emotional Support Animals
Landlords cannot charge a pet deposit, pet fee, or pet rent for a service animal or an emotional support animal. The Fair Housing Act requires reasonable accommodations for tenants with disabilities, and waiving pet-related charges for an assistance animal is one of those required accommodations.1U.S. Department of Housing and Urban Development. Assistance Animals This applies even at properties with a no-pets policy. A pet charge collected for a service or support animal violates federal law.2Office of the Law Revision Counsel. 42 U.S. Code 3604 – Discrimination in the Sale or Rental of Housing
Fees That Aren’t the Deposit
Application fees are separate from security deposits and cover background and credit checks. Only about eleven states cap them, with limits running roughly from $20 to $50. Elsewhere there is no statutory maximum, though the fee should reasonably reflect the screening costs the landlord actually incurs. Application fees are almost always nonrefundable regardless of whether you are approved.
The line between a “fee” and a “deposit” matters because it decides whether the money comes back. A refundable security deposit belongs to you and must be returned when you move out, minus any lawful deductions. A nonrefundable fee — a cleaning fee, an administrative fee — stays with the landlord regardless of the unit’s condition. Not every state permits nonrefundable fees; some treat any upfront payment tied to the tenancy as part of the security deposit, meaning it has to be refundable and it counts against the deposit cap. Where nonrefundable charges are allowed, they generally need to be clearly labeled in the lease and tied to a real cost. Disputes often arise when a landlord labels something a “fee” to sidestep the cap but treats it like a deposit in practice.
City Rules That Override the State
Some cities and counties cap deposits more tightly than state law. Metropolitan areas with rent control or rent stabilization frequently limit deposits to one month’s rent or less, even where the state would allow more. Local rules take priority over the broader state permission, so a deposit that is legal in one suburb can violate the ordinance in the city next door.
A number of cities also require deposits to be held in interest-bearing accounts, with the interest paid to the tenant either annually or at move-out. Roughly 17 states have some form of interest requirement, and the details vary. Your local housing authority or city clerk can confirm what applies to your rental.
Deposit Alternatives
Some landlords now accept alternatives to a cash deposit. The most common is a surety bond: you pay a smaller, nonrefundable premium, and the bond company guarantees the landlord up to a set amount for damage or unpaid rent. Several states explicitly allow these arrangements, and a growing number of cities require landlords to offer at least one alternative.
The trade-off matters. A bond lowers your upfront cost, but the premium is not refundable, and you remain financially responsible for damage. If the bond company pays your landlord, it can turn around and collect from you. A traditional cash deposit is fully refundable when you leave the unit in good condition.
Getting the Deposit Back
After you move out, your landlord has a limited window to return the deposit. Deadlines range from 14 to 60 days across the states, with 30 days the most common. Some states use a shorter deadline when the full deposit is being returned and a longer one when deductions are involved.
If any amount is withheld, most states require a written, itemized statement listing every deduction and its dollar amount, sent to your forwarding address. Always give the landlord a forwarding address in writing at or before move-out; without one on file, you can lose access to certain penalty damages if the deposit is not returned on time.
Lawful deductions generally cover unpaid rent, cleaning that goes beyond normal wear, and repair of actual damage you caused. Routine maintenance, minor cosmetic issues, and the gradual deterioration that comes with living in a space are not chargeable. Normal wear and tear is the ordinary deterioration of everyday use — faded paint, minor scuffs, small nail holes, gradual carpet wear in traffic areas, a loose doorknob. Damage is the result of negligence, carelessness, or misuse — large holes in walls, burned or torn carpet, broken windows, cracked tile. If a landlord charges you the full replacement cost of something that was already near the end of its useful life when you moved in, you may have a strong argument that the full amount should not come out of your deposit. Dated photographs and a written checklist at move-in and move-out are your best protection, and several states require or encourage a joint move-in inspection for the same reason.
Penalties for Wrongful Withholding
A landlord who misses the return deadline, withholds money without proper documentation, or deducts for items that qualify as normal wear and tear can face significant penalties. Many states let tenants recover double or triple the wrongfully withheld amount, plus attorney’s fees and court costs. Enhanced damages are typically available where the landlord acted in bad faith. A written demand letter often resolves the dispute without a court filing; small claims court handles most cases that go further.
If You’re an Active-Duty Servicemember
The federal Servicemembers Civil Relief Act lets active-duty servicemembers terminate a residential lease early on written notice, with a copy of orders, for a permanent change of station, a deployment of 90 days or more, or a stop-movement order. When a lease is lawfully terminated under the SCRA, the landlord must refund your security deposit, and any rent paid for the period after termination has to be returned as well. Wrongfully withholding a deposit after a valid SCRA termination is a federal misdemeanor.3Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases