Security Deposit Limits by State
How much can a US landlord charge for a security deposit — and how fast must they give it back? It varies sharply by state. Here are California, New York, Texas, Florida, and Illinois in one table, with the governing statute for each.
| State | Maximum deposit | Return deadline |
|---|---|---|
| California | 1 month's rent (2 months for qualifying small landlords) | 21 days |
| New York | 1 month's rent | 14 days |
| Texas | No statutory cap | 30 days |
| Florida | No statutory cap | 15 days (no claim) / 30 days (with claim) |
| Illinois | No statewide cap (Chicago: 1 month) | 30–45 days |
| Washington | No statutory cap (Seattle: 1 month) | 30 days |
| Georgia | 2 months' rent | 30 days |
| Pennsylvania | 2 months (year 1) / 1 month (after) | 30 days |
Notes by state
- California: AB 12 (July 1, 2024) lowered the cap to one month for most landlords. The small-landlord exception covers natural persons who own ≤2 properties / ≤4 units. (Cal. Civ. Code § 1950.5 / AB 12)
- New York: Capped at one month since the 2019 HSTPA. Miss the 14-day itemized-statement deadline and the landlord generally forfeits the right to keep any of it. (N.Y. Gen. Oblig. Law § 7-108)
- Texas: No limit on the amount, but a landlord who keeps a deposit in bad faith can owe up to three times the deposit plus $100 and attorney's fees. (Tex. Prop. Code § 92.101–92.109)
- Florida: No cap. If the landlord intends to keep any of it, they must send written notice within 30 days or forfeit the claim. A 2023 law also allows an optional monthly fee in lieu of a deposit. (Fla. Stat. § 83.49)
- Illinois: No state cap. Landlords with 5+ units must give an itemized statement within 30 days and refund within 45. Chicago's RLTO adds interest and stricter deadlines. (765 ILCS 710 / 765 ILCS 715; Chicago RLTO)
- Washington: No state dollar cap, but a written move-in condition checklist is required. Seattle caps deposits at one month's rent. (RCW 59.18.260–.280)
- Georgia: The 2024 Safe at Home Act set Georgia's first deposit cap at two months' rent and requires an itemized refund within 30 days. (O.C.G.A. § 44-7; HB 404 (2024))
- Pennsylvania: Tiered cap, with interest after five years. Missing the 30-day itemized refund exposes the landlord to double damages. (68 Pa. Stat. § 250.511a–b)
The big picture
There's no national rule — deposit limits are set state by state (and sometimes city by city). California and New York cap deposits at one month's rent; Texas, Florida, and Illinois have no statewide cap, though local ordinances like Chicago's may. What's consistent everywhere: landlords can only deduct for unpaid rent and real damage, must usually itemize, and face penalties for missing the return deadline.
Last reviewed: October 2026. State laws change — confirm the current figure with the cited statute or your state's housing agency before relying on it.