{"id":369242,"date":"2016-04-04T10:47:19","date_gmt":"2016-04-04T15:47:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/landlord-tenant-law\/rent-security-deposits.html"},"modified":"2025-01-13T15:43:29","modified_gmt":"2025-01-13T20:43:29","slug":"rent-security-deposits","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/rent-security-deposits.html","title":{"rendered":"Rent and Security Deposit Laws"},"content":{"rendered":"\n
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Rent and Security Deposit Laws<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A security deposit is a sum of money a tenant pays to their landlord to serve as financial protection against excessive wear and tear. The tenant pays the security deposit before or at the start of their lease. After the lease agreement ends, the landlord must return this money to the tenant, less any itemized deductions. State laws dictate when the landlord must return the security deposit after the end of the lease.<\/p>\r\n

This FindLaw article explores security deposit laws, how they impact renters, and how to protect your security deposit.<\/p>\r\n

Landlords and Security Deposits<\/h2>\r\n

State security deposit laws regulate how landlords handle a tenant’s security deposit. Many states require landlords to keep security deposits<\/a> in an interest-bearing account. Other states limit the amount of the security deposit a landlord may request. For example, landlords can charge up to two months’ rent for an unfurnished rental property in California<\/a>. Moreover, California landlords must return the security deposit within 21 days of move-out.<\/p>\r\n

Security Deposit Limitations<\/h3>\r\n

State security deposit laws also regulate security deposit limits. In some states, like Maryland<\/a>, the landlord cannot ask for more than one month\u2019s rent as a security deposit in most circumstances.<\/p>\r\n

Landlords can usually collect the last month’s rent upfront in addition to or instead of a security deposit. They cannot, however, use the last month’s rent to cover end-of-lease damages, as they can with a security deposit.<\/p>\r\n

Higher Security Deposits<\/h3>\r\n

Through the screening process, landlords can check a potential renter’s background, including their credit score. Some landlords offset potential risks by asking for a higher security deposit.<\/p>\r\n

Landlords and Rent<\/h2>\r\n

Part of the purpose of renting is income generation. The landlord sets an amount for rent, and the tenant pays this amount per the rental agreement. Nonpayment of rent can lead to eviction, which is time-consuming and often expensive. To avoid any confusion with paying rent, landlords and property management companies can take measures to ensure rent payments are timely and paid in full.<\/p>\r\n

Lease agreements should outline the following items:<\/p>\r\n