Security Deposits

How to Negotiate a Lower Security Deposit

Ask why the deposit is set where it is, get the screening report behind any higher deposit, then offer a co-signer, installments, or a step-down written into the lease.

On this page
  1. Why the landlord set your deposit at this amount
  2. Your rights when a screening report raised your deposit
  3. What to offer in exchange for a lower deposit
  4. How to put the agreed deposit in the lease

Start by finding out why the landlord set your deposit where it is: your screening results, your state's cap, or the local rental market. If a credit or tenant screening report led the landlord to ask you for a larger deposit than other applicants pay, federal law requires the landlord to give you an adverse action notice, which lets you get that report free and dispute errors. Then offer something in exchange, such as a co-signer, proof of income, or payment in installments, and get the agreed amount written into the lease before you pay.

Why the landlord set your deposit at this amount

Check three things behind the number; each calls for a different response.

  • Your screening results. The Consumer Financial Protection Bureau (CFPB) reports that many tenant screening companies give landlords a risk score or a recommendation such as "accept," "accept with conditions," or "reject," and that renters with negative reports may have to pay extra security deposits or higher rent. Ask the landlord in writing whether your deposit is the standard amount for the unit or a higher amount based on your application. In Portland, Oregon, a landlord that conditionally approves you because of screening results can add no more than half a month's rent to the deposit and must let you pay that extra amount over up to three months.
  • Your state or city cap. If the landlord asks for more than the law allows, you do not need to bargain; point to the statute. The table of security deposit limits by state shows each cap. In the 21 states with no statewide cap, the amount is open to negotiation unless your city sets a limit; Seattle, for example, caps the deposit plus move-in fees at one month's rent, with a separate pet deposit of up to 25% of the first month's rent.
  • The market. The Census Bureau put the national rental vacancy rate at 7.3% in the second quarter of 2026, from 9.5% in the South to 5.3% in the West. Ask how long the unit has been listed: each month it sits empty costs the landlord a month of rent, and the national median asking rent for vacant units was $1,531.

Your rights when a screening report raised your deposit

Under the Fair Credit Reporting Act (FCRA), a landlord that asks you for a larger deposit than it would require of another applicant, based even partly on a consumer report such as a credit or tenant screening report, has taken an "adverse action," meaning an unfavorable decision based on that report. The Federal Trade Commission (FTC) and the CFPB list a larger deposit, a required co-signer, and higher rent as adverse actions, along with a denial. The landlord must give you a notice, which can be oral, written, or electronic, that includes:

  • The name, address, and phone number of the company that supplied the report.
  • A statement that the company did not make the decision.
  • Your right to a free copy of the report if you ask within 60 days.
  • Your right to dispute inaccurate or incomplete information.
  • If a credit score was used, the score, the range of possible scores, and the key factors that lowered it, in writing or electronically.

Use the notice in three steps:

  1. Request the free report from the company named in the notice within 60 days. If the landlord raised the deposit without a notice, ask for one in writing.
  2. Check the report for inaccurate or outdated items and dispute them with the company. It generally has 30 days to investigate, or 45 days in some cases.
  3. Send the landlord the corrected report and ask it to recalculate the deposit.

Tenant screening rights covers what screening reports can include and how to dispute them.

What to offer in exchange for a lower deposit

  • A co-signer or guarantor whose income and credit meet the landlord's written standard. That person agrees to pay your unpaid rent and other charges under the lease if you do not, which can cost more than the deposit you save. Ask the landlord to state the deposit it will accept with one.
  • Proof that you can pay, such as recent pay stubs, an offer letter, or bank statements.
  • Installments. In Washington State, a landlord must let you pay deposits, nonrefundable fees, and last month's rent in installments if you ask in writing: three equal monthly payments on a lease of three months or more, or two in other cases, such as month-to-month, with no fee or interest. The exception is when deposits and fees total no more than 25% of the first month's rent and last month's rent is not due upfront. A landlord that refuses owes you a penalty of one month's rent plus attorney's fees. Seattle allows six equal monthly installments on leases of six months or more. In other states, you can ask for the same schedule.
  • A step-down. Ask the landlord to refund or credit any amount above its standard deposit after six months of on-time rent. California already requires this for service members charged a higher-than-standard deposit because of credit or housing history: the landlord must explain the higher amount in writing by lease signing and return the extra after no more than six months if the tenant is not behind on rent.
  • A surety bond or deposit alternative. A surety bond is a guarantee you buy from a company that pays the landlord for unpaid rent or damage up to the bond amount. In Maryland, a landlord cannot require one and does not have to accept one. The fee you pay is nonrefundable, except that the bond company must refund it if the landlord refuses the bond or you do not sign the lease, and you can still owe the bond company for any damage it pays. Compare the options in security deposit alternatives before you offer one.

Run the numbers before you agree to higher rent in exchange for a smaller deposit. Example: on $1,500 monthly rent, a landlord offers to drop a $1,500 deposit if you pay $75 more each month. Over a 12-month lease, that is $75 times 12, or $900 you never get back, while the deposit comes back minus any lawful deductions.

How to put the agreed deposit in the lease

  1. Write the numbers down before you pay. The lease or a signed addendum should state the exact deposit, the amount and due date of each installment, and any step-down date and the condition for it. Washington requires installment schedules to be in writing and signed by both you and the landlord.
  2. Check what each payment is called. A lowered deposit should stay refundable; California bars any deposit labeled nonrefundable. If the landlord moves part of the old deposit into a fee, ask whether the fee is refundable and get the answer in the lease.
  3. Get a receipt for every payment. Maryland requires the deposit receipt to be part of a written lease. Elsewhere, ask for a receipt that shows the amount, date, and who received it.

Before you sign, read our guide to lease clauses to watch out for. The overview of state security deposit laws explains how deposits must be held and returned.

Sources

  1. Using Consumer Reports: What Landlords Need to Know (Federal Trade Commission)
  2. What should I do if my rental application is denied because of a tenant screening report? (Consumer Financial Protection Bureau)
  3. 15 U.S.C. 1681m, Requirements on users of consumer reports (Fair Credit Reporting Act section 615) (Legal Information Institute, Cornell Law School)
  4. Tenant Background Checks Market (November 2022) (Consumer Financial Protection Bureau)
  5. Quarterly Residential Vacancies and Homeownership, Second Quarter 2026 (July 28, 2026) (U.S. Census Bureau)
  6. RCW 59.18.610 (installment payments of deposits, nonrefundable fees, and last month's rent) (Washington State Legislature)
  7. Move-In Charges (Seattle Department of Construction and Inspections)
  8. Cal. Civil Code section 1950.5 (residential security deposits) (California Legislative Information)
  9. Md. Code, Real Property section 8-203 (security deposits and surety bonds) (Maryland General Assembly)
  10. Portland City Code 30.01.087 (security deposits; pre-paid rent) (City of Portland, Oregon)

Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.

Rules in your state

State law sets many of the limits and deadlines described above. These pages cite the statute for each state.

StateGuides
CaliforniaYour Security Deposit Rights in California, Understanding Your Lease Rights in California
New YorkYour Security Deposit Rights in New York, Understanding Your Lease Rights in New York
TexasYour Security Deposit Rights in Texas, Rent Payment Protections for Texas Tenants, Understanding Your Lease Rights in Texas
FloridaYour Security Deposit Rights in Florida, Understanding Your Lease Rights in Florida
New JerseyYour Security Deposit Rights in New Jersey, Understanding Your Lease Rights in New Jersey, New Jersey Eviction Protections for Tenants
IllinoisYour Security Deposit Rights in Illinois, Understanding Your Lease Rights in Illinois
MassachusettsYour Security Deposit Rights in Massachusetts, Rent Payment Protections for Massachusetts Tenants, Understanding Your Lease Rights in Massachusetts
PennsylvaniaYour Security Deposit Rights in Pennsylvania, Understanding Your Lease Rights in Pennsylvania
WashingtonYour Security Deposit Rights in Washington, Understanding Your Lease Rights in Washington
MarylandYour Security Deposit Rights in Maryland, Understanding Your Lease Rights in Maryland

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