Security deposit laws by state.

Last checked November 3, 2026

How do security deposit laws compare across these five states?

The table gives the short answer for a standard residential lease. Each state section below has the details, the exceptions and the statute sections.

A security deposit is money a tenant pays up front to cover unpaid rent or damage beyond normal wear and tear. Texas, California, Georgia and North Carolina say so expressly in their deposit statutes; Florida’s § 83.49 doesn’t address wear and tear directly.

What are Florida’s security deposit rules?

Florida sets no maximum deposit, but it regulates closely how the money is held and how a landlord claims against it (Fla. Stat. § 83.49).

• Maximum: § 83.49 sets no cap on the amount.
• Where it’s held: in a separate non-interest-bearing account in a Florida financial institution, in a separate interest-bearing account, or covered by a surety bond filed with the clerk of the circuit court. The landlord may not commingle the money or use it until it’s actually due (§ 83.49(1)).
• Interest: with an interest-bearing account, the tenant gets at least 75% of the annualized average rate on the account or 5% simple interest a year, at the landlord’s election. With a surety bond, the landlord pays 5% simple interest a year (§ 83.49(1)(b)–(c)).
• Notice of where it’s held: in the lease or within 30 days of receiving the deposit, with the disclosure text the statute prescribes. This notice requirement doesn’t apply to a landlord who rents fewer than five individual dwelling units (§ 83.49(2)).
• Returning it: if the landlord doesn’t intend to claim against it, the deposit (with any interest owed) goes back within 15 days after the rental agreement ends (§ 83.49(3)(a)).
• Itemizing a claim: to keep any part, the landlord must, within 30 days after the rental agreement ends, send a written notice of intention to impose a claim, with the amount and the reason, by certified mail to the tenant’s last known mailing address or by e-mail under § 83.505. The statute prescribes the wording. The tenant then has 15 days after receiving it to object in writing; if they don’t, the landlord may deduct the claim and must send the balance within 30 days after the date of the notice (§ 83.49(3)(a)–(b)).
• Penalty: a landlord who misses the 30-day notice forfeits the right to impose a claim on the deposit and can’t set off against it, though they may still sue for damages after returning it. In a court action over the deposit, the prevailing party recovers court costs and a reasonable attorney’s fee (§ 83.49(3)(a), (c)).

What are Texas’s security deposit rules?

Texas sets no maximum deposit and no account or interest rule, but it gives landlords 30 days to refund or account for it and penalizes bad-faith withholding heavily (Tex. Prop. Code §§ 92.101–92.111).

• Maximum: Subchapter C of chapter 92 sets no cap.
• Where it’s held / interest: the subchapter has no separate-account or interest requirement. The landlord must keep accurate records of all security deposits (§ 92.106).
• Deadline: on or before the 30th day after the tenant surrenders the premises (§ 92.103(a)). A lease clause requiring advance notice of surrender as a condition of the refund is effective only if it’s underlined or in conspicuous bold print (§ 92.103(b)).
• Forwarding address: the landlord doesn’t have to refund or itemize until the tenant gives a written forwarding address, but the tenant doesn’t forfeit the deposit just by not giving one (§ 92.107).
• Itemization: the landlord may deduct damages and charges the tenant is legally liable for, but nothing for normal wear and tear, and must send the balance with a written description and itemized list of all deductions. No itemized list is needed if the tenant owes rent at surrender and the amount isn’t disputed (§ 92.104).
• Penalty: a landlord who in bad faith keeps a deposit owes $100, three times the portion wrongfully withheld, and the tenant’s reasonable attorney’s fees. A landlord who in bad faith fails to itemize forfeits the right to withhold any of it or sue for damage to the premises. Failing to refund or itemize by the 30th day creates a presumption of bad faith (§ 92.109).
• The tenant’s side: a tenant may not withhold the last month’s rent on the grounds that the deposit covers it; one who does is presumed to act in bad faith and can owe three times the rent withheld plus attorney’s fees (§ 92.108).

What are California’s security deposit rules?

California caps deposits at one month’s rent for most landlords under AB 12, effective July 1, 2024, with a two-month cap for qualifying small landlords, and requires a 21-day itemized accounting with receipts and photos (Cal. Civ. Code § 1950.5).

• Maximum: one month’s rent, in addition to the first month’s rent (§ 1950.5(c)(1)). “Security” is broad and includes any payment, fee, deposit or charge imposed at the start of a tenancy, except as provided in § 1950.6, which covers application screening fees (§ 1950.5(b)).
• Small-landlord exception: the cap is two months’ rent if the landlord is a natural person (including a family trust) or an LLC whose members are all natural persons, and owns no more than two residential rental properties that together include no more than four dwelling units offered for rent. The exception doesn’t apply if the prospective tenant is a service member (§ 1950.5(c)(5)).
• Effective date: the caps don’t apply to security collected or demanded before July 1, 2024 (§ 1950.5(c)(6)).
• Where it’s held / interest: the landlord holds it for the tenant, and the tenant’s claim comes before the landlord’s creditors (§ 1950.5(d)). Section 1950.5 has no statewide interest requirement; some cities have their own.
• Deadline: no later than 21 calendar days after the tenant vacates, the landlord must send an itemized statement and return the rest (§ 1950.5(h)(1)). If the tenant paid electronically, the balance generally goes back electronically, under amendments effective January 1, 2026.
• Itemization: with the statement, the landlord includes copies of invoices or receipts (or the time and hourly rate for their own work) and, for repair or cleaning deductions, the photos the law requires. Documentation isn’t required when repair and cleaning deductions total $125 or less, unless the tenant asks for it within 14 days (§ 1950.5(h)(2)–(5)).
• Photos: landlords must photograph the unit after the tenant leaves (before and after repairs or cleaning) starting April 1, 2025, and at move-in for tenancies beginning on or after July 1, 2025 (§ 1950.5(g)).
• Penalty: a bad-faith claim or retention can bring statutory damages of up to twice the deposit, in addition to actual damages, and the landlord has the burden of proving the deductions were reasonable (§ 1950.5(m)). A landlord who in bad faith fails to comply with the return and itemization rules isn’t entitled to keep any of it (§ 1950.5(h)(7)). A lease can’t call any deposit “nonrefundable” (§ 1950.5(n)).

What are Georgia’s security deposit rules?

Georgia caps deposits at two months’ rent under the 2024 Safe at Home Act, requires a refund within 30 days, and adds escrow and inspection-list duties for larger landlords (O.C.G.A. §§ 44-7-30.1 to 44-7-37).

• Maximum: “No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months’ rent” (O.C.G.A. § 44-7-30.1, added by HB 404, the Safe at Home Act). The Act applies to residential leases entered into or renewed on or after July 1, 2024.
• Where it’s held: in an escrow account used only for security deposits at a bank or lending institution regulated by the state or a federal agency, held in trust for the tenant, and the tenant must be told in writing where it is (§ 44-7-31). Instead, the landlord may post a surety bond with the clerk of the superior court for the total of deposits held or $50,000, whichever is less (§ 44-7-32).
• Move-in list: before taking a deposit, the landlord gives the tenant a comprehensive list of existing damage; the tenant may inspect the unit, and both sign the list (§ 44-7-33(a)).
• Deadline: within 30 days after obtaining possession of the premises, the landlord returns the full deposit, less permitted deductions. No deduction is allowed for ordinary wear and tear (§ 44-7-34(a)). The state’s handbook says that if part is kept for damage, the tenant must get a notice within 30 days listing the damage and estimated cost, with any refund.
• Penalty: a landlord may not keep any part of the deposit if it wasn’t escrowed or bonded and the move-in and move-out damage lists weren’t provided as required (§ 44-7-35(a)). The state’s handbook says a landlord who owns more than ten units or uses a management agent can be liable for three times the amount withheld plus attorney fees, unless the withholding was a bona fide mistake.
• Smaller landlords: the state’s handbook says the escrow, inspection-list and triple-damages rules apply to landlords who own more than ten rental units (counting a spouse’s and children’s) or who use a management agent, while the 30-day return deadline applies to every landlord.

Verification note. We confirmed the two-month cap from the text of HB 404, and the escrow, bond, move-in list and 30-day rules from the Official Code of Georgia. We couldn’t open the full text of §§ 44-7-35 and 44-7-36 (the official site requires a CAPTCHA), so the triple-damages rule and the exemption for smaller landlords come from the Georgia Department of Community Affairs’ Landlord Tenant Handbook (revised August 29, 2024). Check the code before relying on them.

What are North Carolina’s security deposit rules?

North Carolina caps deposits by tenancy length, requires a trust account or bond, and gives landlords 30 days to refund and itemize (N.C. Gen. Stat. §§ 42-50 to 42-56, the Tenant Security Deposit Act).

• Maximum: two weeks’ rent for a week-to-week tenancy, one and one-half months’ rent for month-to-month, and two months’ rent for terms longer than month to month (§ 42-51(b)).
• Permitted uses: unpaid rent, damage to the premises, damages from not completing the rental period (with exceptions), unpaid bills that become a lien, re-renting costs after a breach, removal and storage after a summary ejectment, court costs, and fees permitted by § 42-46 (§ 42-51(a)).
• Where it’s held: in a trust account with a licensed and federally insured depository institution or trust institution authorized in North Carolina, or covered by a bond from a licensed insurer. Within 30 days after the lease term begins, the landlord tells the tenant the name and address of the bank or the bond company (§ 42-50). The statute has no interest requirement.
• Deadline and itemization: no later than 30 days after the tenancy ends and possession is delivered, the landlord itemizes any damage in writing and mails or delivers it with the balance. If the claim can’t be determined in 30 days, an interim accounting is due within 30 days and a final one within 60 days (§ 42-52). No deductions for normal wear and tear, and nothing beyond actual damages.
• Penalty: a landlord’s willful failure to follow the deposit, bond or notice requirements voids the right to keep any part of the deposit. The tenant may also recover damages, and for willful noncompliance the court may award attorney’s fees (§ 42-55).
• Who it covers: anyone engaged in the business of renting or managing residential units, excluding single rooms, on a weekly, monthly or annual basis (§ 42-56).

How can a landlord stay on the right side of deposit rules?

• Check the cap for your state, and your city, before you set the deposit, and count every up-front charge your state treats as a deposit.
• Hold the money the way your state requires, and send any required notice of where it’s held.
• Document the unit’s condition at move-in and move-out. Our move-in / move-out inspection checklist is free to print.
• Put the deadline on your calendar the day the tenant leaves, and send an itemized statement with your evidence.
• Record each lease’s deposit and its terms in one place. In LandlordOS, lease management keeps the deposit with the lease’s rent, dates and documents, and rent collection keeps the tenant’s ledger.

Sources

Statutes as published by each state’s legislature (or official code publisher), checked November 3, 2026.

• Florida: Fla. Stat. § 83.49, deposit money or advance rent
• Texas: Tex. Prop. Code ch. 92, subch. C (§§ 92.101–92.111), security deposits
• California: Cal. Civ. Code § 1950.5, security for residential rentals (as amended through AB 414, effective January 1, 2026)
• Georgia: HB 404 (2024), the Safe at Home Act, adding O.C.G.A. § 44-7-30.1
• Georgia: Official Code of Georgia Annotated, Title 44, Ch. 7, Art. 2 (§§ 44-7-30 to 44-7-37), public access
• Georgia: Georgia Landlord Tenant Handbook, Department of Community Affairs (revised August 29, 2024)
• North Carolina: G.S. 42-50, 42-51, 42-52, 42-55 and 42-56, Tenant Security Deposit Act

Related: late fee laws by state for the same five states.