Security deposits typically range from one month's rent to three months' rent, depending on your state and the rental property
A security deposit is money you give a landlord before moving in. The landlord holds it to cover damage beyond normal wear and tear, unpaid rent, or cleaning costs when you leave. The amount is not fixed by federal law — it varies by state, and some states cap it while others do not.
In states with no cap, landlords can legally charge up to three months' rent. In states with caps, the limit is often one month's rent for unfurnished units and one and a half months for furnished ones. A few states allow higher deposits if you have a pet or a lower credit score. The deposit sits in a separate account and is not the landlord's money to spend — it must be returned to you within a set timeframe after you move out, minus any legitimate deductions.
Key Takeaways
- Security deposit amounts are set by state law, not by individual landlords, and range from one to three months' rent depending on where you live.
- Your landlord must hold the deposit in a separate account and cannot use it as income or to cover routine maintenance.
- When you move out, the landlord has a deadline (usually 30 to 45 days) to return your deposit or provide an itemized list of deductions.
- Damage from normal use — worn carpet, faded paint, small nail holes — cannot be deducted; only damage beyond normal wear and tear qualifies.
- If your landlord does not return the deposit or makes unreasonable deductions, you can file a claim in small claims court in most states.
How much your state allows landlords to charge
State law sets the ceiling on security deposits. Some states cap deposits at one month's rent for all tenants. Others allow one and a half months for furnished units or one month for unfurnished. A handful of states — including Arizona, Delaware, and Georgia — have no cap at all, meaning a landlord can charge whatever the market will bear.
A few states also allow landlords to charge higher deposits if you have a pet, a poor credit history, or a lower income. California, for example, caps deposits at one month's rent for most tenants but allows two months' rent if you have a pet. Check your state's housing authority or tenant rights organization to learn the exact rules where you live, because the rules change and vary significantly.
The deposit amount is separate from your first month's rent and last month's rent, which are additional upfront costs. Some leases ask for all three at signing, which can mean paying two to four months' worth of money before you move in.
What landlords can and cannot deduct from your deposit
Landlords can deduct from your deposit only for damage beyond normal wear and tear. Normal wear and tear includes faded paint, worn carpet, small nail holes from hanging pictures, and minor scuffs on walls or floors. These are expected after someone lives in a unit and are the landlord's responsibility to repair or replace.
Landlords can deduct for holes in walls from furniture, broken windows, large stains or burns in carpet, missing appliances, broken fixtures, and unpaid rent or utilities. They can also deduct for professional cleaning if you left the unit filthy — but not for routine cleaning between tenants. The deduction must be reasonable and match the actual cost to repair or replace the item.
Landlords cannot deduct for pre-existing damage, damage caused by normal use, or repairs that are the landlord's legal responsibility. If a pipe bursts or the roof leaks, that is the landlord's problem, not yours. If you dispute a deduction, you can request an itemized list with photos or receipts, and you can challenge it in small claims court if the deduction seems unreasonable.
The timeline for getting your deposit back
After you move out, your landlord has a deadline to return your deposit or explain what was deducted. This deadline varies by state — it is usually 30 to 45 days, but some states allow up to 60 days. The landlord must provide an itemized list of any deductions, often with photos or receipts as proof.
If the landlord returns the deposit late or does not provide an itemized breakdown, you may be may have access to to interest or even a penalty. Some states require landlords to pay you interest on deposits held for longer than a certain period. Check your state's rules to know what you are owed if the landlord misses the deadline.
Keep records of the unit's condition when you move in — take photos, document any existing damage in writing, and get the landlord to sign off on it. When you move out, do the same. These records are your proof if you need to dispute deductions later.
What to do if your landlord keeps or misuses your deposit
If your landlord does not return your deposit within the legal timeframe, does not provide an itemized list of deductions, or makes deductions that seem unreasonable or illegal, you have options. Start by sending a written request for the deposit — email or certified mail — and keep a copy. Give the landlord a few more days to respond.
If the landlord still does not return it, you can file a claim in small claims court. Small claims court is designed for disputes under a certain dollar amount (usually $5,000 to $10,000, depending on your state) and does not require a lawyer. You will need your lease, photos of the unit, the landlord's written response (if any), and proof of when you moved out. Many states allow you to recover not just the deposit but also court fees and sometimes a penalty if the landlord acted in bad faith.
Some states also allow you to withhold rent or repair-and-deduct if the landlord does not return the deposit, but this is risky and can lead to eviction if done incorrectly. Consult your state's tenant rights organization or a local legal aid office before trying this route.
How security deposits differ from other upfront costs
A security deposit is refundable — you get it back (minus legitimate deductions) when you move out. First month's rent and last month's rent are not refundable; they are payment for housing. Some landlords ask for all three at signing, which can total three to four months' rent upfront.
Pet deposits or pet fees are separate from the security deposit. A pet deposit is refundable if your pet causes no damage; a pet fee is not. Some states cap pet deposits but allow unlimited pet fees, so read your lease carefully to understand which is which.
Application fees, credit check fees, and background check fees are also separate and non-refundable. These are paid before you sign a lease and cover the landlord's cost to screen you. They are not held in escrow and are not returned under any circumstances.
Frequently Asked Questions
Can a landlord charge a security deposit for a month-to-month lease?
Yes. A security deposit is standard for any rental agreement, whether it is a fixed-term lease or month-to-month. The amount is still governed by state law and must follow the same rules for return and deductions.
What if I damage the unit after I move out but before the landlord inspects it?
Once you move out and return the keys, the unit is the landlord's responsibility. Damage that occurs after you leave cannot be deducted from your deposit. Document the condition of the unit with photos and timestamps before you hand over the keys.
Can a landlord charge a non-refundable security deposit?
No. A security deposit must be refundable by law in all states. If a landlord calls something a "non-refundable security deposit," it is actually a non-refundable fee and must be labeled as such on your lease. Non-refundable fees are legal in some states but are separate from the security deposit.
Do I get interest on my security deposit?
Some states require landlords to pay interest on deposits held for longer than a certain period — often one year or more. The interest rate is usually low (around 1 to 5 percent annually) and is set by state law. Check your state's rules to see if you are may have access to to interest.
What if the landlord's deductions exceed my deposit?
If deductions exceed the deposit amount, the landlord can bill you for the difference. However, you can dispute the deductions in small claims court. If the court finds the deductions unreasonable or illegal, you may owe nothing and the landlord may owe you money instead.