How Much Can a Landlord Charge for a Security Deposit?

It depends on your state. As of October 2026, 29 states and Washington, D.C., cap security deposits on at least some house and apartment rentals, most at one, one and a half, or two months' rent, with Nevada the highest at three months. The other 21 states set no statewide limit on those rentals. In capped states such as California, Maryland, and New York, prepaid last month's rent counts toward the same limit.

Security deposit limits by state

The notes list each law's main exceptions, such as furnished units, small landlords, older tenants, and pet deposits.

These 21 states set no statewide cap on house and apartment deposits, as Nolo's state-by-state survey also shows: Florida, Idaho, Illinois, Indiana, Kentucky, Louisiana, Minnesota, Mississippi, Montana, Ohio, Oklahoma, Oregon, South Carolina, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. Check city rules too: Seattle caps the deposit plus move-in fees at one month's rent and a pet deposit at 25 percent of the first month's rent.

What counts toward the cap

California counts any payment, fee, deposit, or charge collected at the start of a tenancy, including advance rent, except the first month's rent and the tenant screening fee. A pet deposit, cleaning fee, or move-in fee there falls under the same limit, and the lease cannot call any of it nonrefundable. Nonrefundable deposits and fees explains which upfront charges other states let a landlord keep.

Prepaid rent also counts toward the cap in Alaska, Arizona (unless you choose to prepay), Connecticut, Maryland, Michigan, Nevada, and New York. New York's one-month limit covers the deposit and any advance rent combined, so a landlord there cannot collect both a full deposit and last month's rent. Massachusetts works the other way: at or before move-in, a landlord may collect only the first month's rent, last month's rent, a deposit of up to one month's rent, and the cost of a new lock and key. Last month's rent vs. a security deposit covers what each payment can be used for.

Pet deposits are extra, with their own limit, in the states whose table notes list one, and fall outside the cap in Alabama and Missouri. Alaska, Delaware, the District of Columbia, Hawaii, and North Dakota do not allow a pet deposit for a service or assistance animal. Pet deposits and pet fees covers one-time pet fees and monthly pet rent.

Example, California, $2,400 monthly rent, with a landlord that does not meet the small-landlord test: the landlord asks for a $2,400 deposit, $2,400 for last month's rent, and a $500 pet deposit. All three are security under California law, so the total is $5,300 against a $2,400 cap, or $2,900 too much. A small landlord allowed two months could take up to $4,800, which is still $500 too much.

How to get back an amount above the limit

1. Total what you paid. Add every amount you paid before move-in other than the first month's rent, using your state's definition, and compare the sum with the cap times your monthly rent. Check the dates too: California's one-month cap covers deposits collected since July 1, 2024, and Maryland's covers leases signed since October 1, 2024.
2. Ask in writing. Send the landlord the statute name, the cap in dollars, and the amount over it, and ask for a refund or a written rent credit by a set date, such as 14 days out. Keep your receipt, canceled check, or bank record.
3. Do not treat the lease amount as final. A lease clause setting a higher deposit does not waive the cap in Massachusetts, Pennsylvania, or Rhode Island, whose statutes void or bar such waivers.
4. Go to court if the landlord refuses. You can sue for the excess, in small claims court if the amount is within your state's limit. Maryland lets a tenant recover up to three times the extra amount plus reasonable attorney's fees, at any time during the tenancy or within two years after it ends. In New York, a landlord that violates the deposit rules owes actual damages, and one that does so willfully can owe punitive damages of up to twice the deposit.

Example, Maryland, lease signed in 2025, $1,500 monthly rent: the landlord required a $3,000 deposit. Maryland lets a tenant volunteer a larger deposit, so the remedy covers an amount the landlord demanded, not one you offered. The excess is $3,000 minus $1,500, or $1,500, so the tenant can claim up to 3 times $1,500, or $4,500, plus attorney's fees.

Some caps drop during a tenancy, so you can claim the difference later: Pennsylvania's limit falls to one month's rent in a lease's second year, a Connecticut tenant who turns 62 can ask for the amount above one month back, and Delaware landlords must credit anything above one month's rent once a month-to-month tenancy reaches a year.

If the amount is legal but more than you can pay at once, see how to negotiate a lower security deposit. For other upfront charges, see move-in fees vs. security deposits, and for how deposits are held and returned, see the overview of state security deposit laws.