Is there a limit on how much my landlord can charge for a security deposit?
Yes, in most states. Deposit caps range from one month's rent to no limit at all, depending on your state. Many states cap deposits at 1-2 months' rent.
Most states put a ceiling on how much a landlord can collect as a security deposit. The most common cap is one to two months' rent, though some states have no limit at all.
If your landlord charged more than the legal maximum, you may have a claim — even if you've already paid it. In some states, collecting an excessive deposit is itself a violation that triggers penalties. You don't have to wait until move-out to address this.
Keep in mind that "security deposit" sometimes includes first month, last month, pet deposit, and key deposits depending on how your state defines it. Some states count all of these toward the cap; others only count the refundable security deposit. Read your state's specific statute to understand what's included in the limit.
How This Works State by State
The rules vary depending on where you live. Here's how the biggest states handle it.
As of July 2024, California caps security deposits at 1 month's rent for most landlords under Cal. Civ. Code § 1950.5(c), down from the previous 2-month limit.
Texas has no statutory cap on security deposits under Tex. Prop. Code Chapter 92 — landlords can legally charge any amount.
New York caps security deposits at 1 month's rent under N.Y. Gen. Oblig. Law § 7-108(1-a), including any pet deposits or additional security charges.
Florida has no statutory cap on security deposit amounts under Fla. Stat. § 83.49, leaving the amount to landlord-tenant negotiation.
Chicago caps security deposits at 1.5 months' rent under RLTO § 5-12-080, though Illinois has no statewide cap.
| State | Rule | Statute |
|---|---|---|
| California | California caps security deposits at 2 months' rent for unfurnished units and 3 months' for furnished units. Starting July 2024, the cap dropped to 1 month's rent for most landlords. | Cal. Civ. Code § 1950.5(c) |
| Texas | Texas has no statutory cap on security deposits. Landlords can charge whatever the market will bear, though most charge 1-2 months' rent. | Tex. Prop. Code Chapter 92 |
| New York | New York caps security deposits at one month's rent since the Housing Stability and Tenant Protection Act of 2019. This includes any "pet deposit" or "additional security." | N.Y. Gen. Oblig. Law § 7-108(1-a) |
| Florida | Florida has no statutory cap on security deposits. The amount is negotiable between landlord and tenant. | Fla. Stat. § 83.49 |
| Illinois | Illinois has no statewide cap, but Chicago caps deposits at 1.5 months' rent under the RLTO. | 765 ILCS 710/1; Chicago RLTO § 5-12-080 |
●Frequently Asked Questions
Frequently Asked Questions
Is there a limit on how much my landlord can charge for a security deposit?
Yes, in most states. Deposit caps range from one month's rent to no limit at all, depending on your state. Many states cap deposits at 1-2 months' rent.
Can my landlord charge me for carpet replacement?
Your landlord can only charge you for carpet damage beyond normal wear and tear. Worn paths, minor stains from regular use, and fading are normal wear — not your responsibility. Large burns, pet damage, or deep stains from negligence are deductible.
Can my landlord charge me for painting after I move out?
Generally no — repainting between tenants is considered routine maintenance, not tenant damage. Landlords can only charge you for painting if you caused damage beyond normal wear, like crayon drawings, smoke staining, or unauthorized bold paint colors.
Can my landlord keep my deposit for cleaning?
Your landlord can deduct cleaning costs only if you left the unit dirtier than when you moved in, beyond normal wear. They cannot charge for routine turnover cleaning that happens between every tenant.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.