Security Deposit Limits

Article ID: 64897  

Question
What is the maximum I can charge for my security deposit?

Answer

Each state has different laws pertaining to security deposits for their rental properties. Below we have listed a chart to help you determine the limits in your rental property's state:

 

State Limit
Alabama One month's rent, except for pet deposits, deposits to cover undoing tenant's alterations, deposits to cover tenant activities that pose increased liability risks
Alaska Two months' rent, unless rent exceeds $2,000 per month. Landlord may ask for an additional month's rent as deposit for a pet that is not a service animal, but may use it only to remedy pet damage.
Arizona One and one-half months' rent
Arkansas Two months' rent
California Two months' rent (unfurnished); three months' rent (furnished). Add extra one-half month's rent for waterbed
Colorado No statutory limit
Connecticut Two months' rent (tenant under 62 years of age); one month's rent (tenant 62 years of age or older)
Delaware One month's rent on leases for one year or more; no limit for month-to-month rental agreements (may require additional pet deposit of up to one month's rent). No limit for rental of furnished units. Tenant may offer to supply a surety bond in lieu of or in conjunction with a deposit, which landlord may elect to receive.
District of Columbia One month's rent
Florida No statutory limit
Georgia No statutory limit
Hawaii One month's rent; Landlord may require an additional one month's rent as security deposit for tenants who keep a pet
Idaho No statutory limit
Illinois No statutory limit
Indiana No statutory limit
Iowa Two months' rent
Kansas One month's rent (unfurnished); one and one-half month's rent (furnished); for pets, add extra one-half month's rent
Kentucky No statutory limit
Louisiana No statutory limit
Maine Two months' rent
Maryland Two months' rent
Massachusetts One month's rent
Michigan One and one-half months' rent
Minnesota No statutory limit
Mississippi No statutory limit
Missouri Two months' rent
Montana No statutory limit
Nebraska One month's rent (no pets); one and one-quarter months' rent (pets)
Nevada Three months' rent; if both landlord and tenant agree, tenant may use a surety bond for all or part of the deposit.
New Hampshire One month's rent or $100, whichever is greater; no limit when landlord and tenant share facilities
New Jersey One and one-half month's rent. Any additional security deposit, collected annually, may be no greater than 10% of the current security deposit.
New Mexico One month's rent (for rental agreement of less than one year); no limit for leases of one year or more
New York No statutory limit (for non-regulated units)
North Carolina One and one-half months' rent for month-to-month rental agreements; two months' rent if term is longer than two months; may add an additional "reasonable," nonrefundable pet deposit.
North Dakota One month's rent (or if tenant has a pet, not to exceed the greater of $2,500 or amount equal to two months' rent)
Ohio No statutory limit
Oklahoma No statutory limit
Oregon No statutory limit
Pennsylvania Two months' rent for first year of renting; one month's rent during second and subsequent years of renting
Rhode Island One month's rent
South Carolina No statutory limit
South Dakota One month's rent (higher deposit may be charged if special conditions pose a danger to maintenance of the premises)
Tennessee No statutory limit
Texas No statutory limit
Utah No statutory limit
Vermont No statutory limit
Virginia Two months' rent
Washington No statutory limit
West Virginia No statutory limit
Wisconsin No statutory limit
Wyoming No statutory limit

If you have any questions about security deposits, please contact your landlord/tenant attorney.

If you would like to view the original chart, please click here: http://www.nolo.com/legal-encyclopedia/chart-security-deposit-limits-state-29020.html


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Views: 3729 Created on: Jun 02, 2015