How Much Can a Landlord Charge for a Security Deposit? Limits by State

It depends on the state. Most states with a limit cap the security deposit at one, one and a half, or two months' rent, and Nevada allows up to three. Twenty-one states set no statewide limit at all, including Florida, Illinois, Ohio, Texas and Washington. The details matter as much as the number: some caps count prepaid rent, pet deposits or "fees" toward the limit, some change with the tenant's age or the length of the tenancy, and California cut its cap to one month's rent for most landlords on July 1, 2024.

This guide covers the limit in every state, what counts toward it, the common exceptions, deposit alternatives, and how to set your own deposit.

Security deposit limits by state

Generated from the MakeLease state-law dataset (51 jurisdictions, statutes last checked 2026-10-30). Researched and cited by MakeLease · not yet attorney-reviewed. City and county rules can be stricter.

The table shows the general limit. Cities can set their own rules where the state allows it, though several states now bar local deposit caps (Arkansas and Missouri since 2025, and Idaho since 2024). Check your state page under security deposit laws by state for return deadlines, interest and itemization rules too.

How the limits break down

• One month's rent: California (most landlords), D.C., Hawaii, Maryland, Massachusetts, New York, Rhode Island and others.
• One and a half months: Arizona, Michigan and New Jersey.
• Two months: Alaska (where rent is $2,000 a month or less), Arkansas, Colorado, Connecticut, Georgia, Iowa, Maine, Missouri, North Carolina (longer than month-to-month), Pennsylvania (first lease year) and Virginia.
• Three months: Nevada, counting any surety bond and last month's rent (NRS 118A.242).
• No statewide limit: Florida, Idaho, Illinois, Indiana, Kentucky, Louisiana, Minnesota, Mississippi, Montana, Ohio, Oklahoma, Oregon, South Carolina, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming. No cap doesn't mean no rules: return deadlines still apply, as the Florida, Ohio and Texas return guides show.

No limit doesn't mean anything goes. Market practice, fair housing rules and your own screening criteria still apply, and a deposit set much higher for some applicants than others invites a discrimination claim.

What counts toward the cap

This is where landlords get caught. Several states count more than the line labeled "security deposit":

• California: all deposits and fees count toward the one-month limit (Cal. Civ. Code § 1950.5(c)), and move-in charges such as cleaning, key or processing fees are treated as refundable security.
• Arizona: total security, including prepaid rent, can't exceed 1.5 months' rent, though a tenant may voluntarily prepay more rent (A.R.S. § 33-1321(A)).
• Alaska: the two-month cap covers security deposit and prepaid rent combined (AS 34.03.070).
• New York: one month's rent, and you may not also collect last month's rent or other advance rent (N.Y. Gen. Oblig. Law § 7-108). The 14-day return process is in New York security deposit return rules.
• Massachusetts: up front you may charge only first month's rent, last month's rent, a deposit of up to one month, and the cost of a new lock and key (M.G.L. c. 186, § 15B).
• Michigan: any refundable fee or deposit, and required prepaid rent beyond the first full rental period, counts toward the 1.5-month cap (MCL 554.601(d), 554.602).
• Virginia: any up-front damage or renter's insurance premiums count toward the two-month cap (Va. Code § 55.1-1226).

If you collect first and last month's rent plus a deposit, add them up and compare the total to your state's rule before you quote move-in costs.

Common exceptions

Tenant age and tenancy length

• Connecticut: two months' rent, but one month for a tenant 62 or older (Conn. Gen. Stat. § 47a-21).
• Pennsylvania: two months in the first lease year, one month from the second year on, including renewals (68 P.S. § 250.511a).
• North Carolina: two weeks' rent for week-to-week, 1.5 months for month-to-month, two months for longer terms (N.C. Gen. Stat. § 42-51).
• New Mexico: one month for agreements shorter than a year; annual agreements may have a larger "reasonable" deposit, but that triggers annual interest.
• New Jersey: 1.5 months, and any yearly increase can't exceed 10% of the current deposit.

Landlord size

• California: small individual landlords with no more than two properties and four units may collect up to two months' rent, unless the tenant is a service member. The California deposit law guide explains who qualifies.
• Arkansas: the deposit subchapter doesn't apply to individual owners with five or fewer units who manage them themselves.

Furnished units and pets

• Delaware: furnished units are exempt from the one-month cap.
• Kansas: one month unfurnished, 1.5 months furnished, plus up to half a month more if pets are allowed (K.S.A. 58-2550).
• Hawaii: an agreed pet deposit of up to one more month's rent, only for a tenant with a pet, not an assistance animal (Haw. Rev. Stat. § 521-44).
• Nebraska: a pet deposit of up to one-quarter of a month's rent on top of the one-month cap (Neb. Rev. Stat. § 76-1416).
• Colorado: a separate refundable pet deposit of up to $300, with pet rent capped at the greater of $35 a month or 1.5% of monthly rent.
• North Dakota: a separate pet deposit up to the greater of $2,500 or two months' rent, and up to two months' general deposit from a tenant with a felony conviction or a prior rental-agreement judgment (N.D.C.C. § 47-16-07.1).

For how pet charges interact with deposit caps, see pet deposit vs pet fee vs pet rent.

Deposit alternatives

A growing number of states regulate alternatives to a cash deposit:

• Fee in lieu of a deposit: Florida, Texas and Washington allow a recurring fee instead of a deposit, but each requires written disclosures and a regular-deposit option. Texas also bars using the tenant's choice when screening (Tex. Prop. Code § 92.111).
• Surety bonds: Delaware, Maine, Maryland and Nevada allow tenant-purchased surety bonds in some form, typically with the landlord's agreement. In Nevada the bond counts toward the three-month cap.
• Damage insurance: Virginia lets a landlord accept approved damage insurance instead of a deposit, and the tenant can switch to a cash deposit at any time.
• Installments: Washington tenants can ask in writing to pay deposits, nonrefundable fees and last month's rent in installments (RCW 59.18.610). Oregon gives a tenant at least three months to pay a new or larger deposit after the first year.

Raising a deposit mid-tenancy or at renewal

Caps apply for the life of the tenancy, not just at move-in, and a few states regulate increases directly:

• New Jersey: any yearly increase can't exceed 10% of the current deposit, and the total still can't pass 1.5 months' rent.
• Pennsylvania: the cap drops from two months' rent to one month from the second lease year on, so a deposit that was legal at signing may need to be partly refunded or credited at renewal.
• Oregon: a tenant asked for a new or larger deposit after the first year must be given at least three months to pay it (ORS 90.300(5)(b)).

Before you ask for a larger deposit, check the cap against the rent that will actually apply, and put any deposit change in a signed lease amendment or the renewal agreement.

How to set your deposit

1. Start with your state's cap and everything that counts toward it.
2. Price the risk. A deposit should cover a realistic damage-plus-unpaid-rent scenario, which for many units is about one month's rent.
3. Apply it consistently. Use written criteria if deposits vary (for example, a higher deposit for applicants below an income threshold, where your state allows it) and apply them the same way to everyone.
4. Write it into the lease with the amount, what it covers and how it's returned. The lease agreement generator handles this.
5. Document the unit's condition at move-in with a move-in/move-out checklist, so the deposit can do its job later.
6. Know your return rules before move-out. See how to return a security deposit.

A hypothetical example

A hypothetical example: a landlord with one duplex in Arizona rents a unit at $1,600 a month and wants to collect first month's rent, last month's rent and a $1,600 deposit at signing. Arizona caps total security, including prepaid rent, at 1.5 months' rent ($2,400). The $1,600 deposit plus $1,600 of last month's rent is $3,200, over the cap. The landlord instead collects first month's rent and a $2,400 deposit, which is within the limit. (A tenant who chooses to prepay more rent voluntarily is a separate case under the statute.)

Sources

Official sources cited above (checked 2026-10-27), plus the state statutes linked in the table:

• Alaska Statutes § 34.03.070
• Arizona Revised Statutes § 33-1321
• California Civil Code § 1950.5
• Connecticut General Statutes § 47a-21
• Hawaii Revised Statutes § 521-44
• Kansas Statutes 58-2550
• Massachusetts General Laws c. 186, § 15B
• Michigan Compiled Laws § 554.601 and § 554.602
• Nebraska Revised Statutes § 76-1416
• Nevada Revised Statutes § 118A.242
• New York General Obligations Law § 7-108
• North Carolina Gen. Stat. § 42-51
• North Dakota Century Code § 47-16-07.1
• Pennsylvania Landlord and Tenant Act of 1951, 68 P.S. § 250.511a
• Texas Property Code § 92.111
• Code of Virginia § 55.1-1226
• Revised Code of Washington § 59.18.610