Landlord-Tenant Law in All 50 States and DC
Security deposits, evictions, notice to move out, repairs, rent increases and landlord entry — the actual rule in every state and DC, each linked to the statute or official agency page it comes from.
Security DepositsHow much a landlord can charge, how fast it must come back, and what happens if it doesn't — in all 50 states and DC.EvictionThe notice a landlord must give before filing, how the court process works, and what a landlord can never do — state by state.Notice to VacateHow much notice a landlord or tenant must give to end a month-to-month tenancy in each state.Landlord EntryHow much notice a landlord must give before entering your home, state by state.Repairs & HabitabilityWhat a tenant can do when the landlord won't fix serious problems — and the protections against retaliation.Rent Increases & Late FeesWhether your state or city limits rent increases, and whether late fees are capped.Breaking a LeaseWhen a tenant can end a lease early without owing the rest of the rent — domestic violence, military orders, medical needs and more — in all 50 states and DC.Squatters & Abandoned PropertyHow owners remove people who were never tenants, and what landlords must do with belongings left behind — state by state.Rental FeesCaps on application and screening fees, and limits on move-in, convenience and other rental fees, in all 50 states and DC.Section 8, Records & Right to CounselWhether landlords can refuse housing vouchers, whether eviction records can be sealed, and whether tenants get a free lawyer — state by state.Mold, Pests, Heat & ACWhat a landlord must do about mold, pests and bed bugs, heat and air conditioning — state by state, with the statute or code behind each rule.Privacy, Guests & AnimalsWhether a landlord can use cameras, limit guests or roommates, and how each state handles service and emotional support animals.
Choose your state
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- District of Columbia
- Florida
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- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
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- Massachusetts
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- New Hampshire
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- New Mexico
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- North Dakota
- Ohio
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- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
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- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
What this guide covers
Landlord-tenant law is mostly state law, with extra rules in some cities and a layer of federal law (fair housing, and special rules for some federally assisted housing). This guide gives the actual rule for every state and DC, with the statute or official agency page next to each answer, plus city pages where local ordinances add more protections.
Common questions, answered for every state
Quick comparison: the most-searched rules
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Alabama | One month's periodic rent. Additional deposits are allowed only for pets, changes to the premises, or increased liability risks to the landlord or premises. Ala. Code § 35-9A-201(a) | Within 60 days after the tenancy ends and the tenant gives up possession. The landlord mails the refund and/or itemized accounting by first-class mail to the forwarding address the tenant gave in writing, or to the last known address or the rental address if none was given. Ala. Code § 35-9A-201(b)-(e) | Written notice to terminate that states the rent and any late fees owed. The rental agreement terminates on a date not less than 7 business days after the tenant receives the notice, unless the tenant pays (cures) within the 7 business days. Ala. Code § 35-9A-421(b) |
| Alaska | Security deposits plus prepaid rent may not total more than two months' rent. Units renting for more than $2,000 per month are exempt from this cap. The landlord may require an additional pet deposit of up to one more month's rent; no pet deposit may be charged for service animals. AS 34.03.070(a), (h) | 14 days after the tenancy ends and possession is delivered, if the tenant gave proper notice. 30 days if deductions are made for damage beyond normal wear and tear, or if the tenant did not give proper notice. In that case the 30 days run from the later of move-out or when the landlord learns the unit was abandoned. AS 34.03.070(b), (g) | 7-day written notice to quit. The notice must state the correct total rent due, offer the choice to pay or move, and warn that an eviction suit may follow. Paying the rent within the 7 days cures it. A tenant cannot be evicted for unpaid late fees alone. AS 09.45.090; AS 09.45.105; AS 34.03.220(b) |
| Arizona | One and one-half months' rent, counting all security however labeled, including prepaid rent. A tenant may still voluntarily prepay more rent. A.R.S. § 33-1321(A) | Within 14 days, excluding Saturdays, Sundays, and legal holidays, after the tenancy ends, possession is delivered, and the tenant demands the deposit. A.R.S. § 33-1321(D) | 5-day written notice of nonpayment stating that the landlord will terminate the rental agreement if rent is not paid within that time. Before an eviction is filed, paying all past-due rent plus a reasonable late fee set in a written lease reinstates the agreement. After filing, reinstatement also requires paying attorney fees and court costs. After judgment, reinstatement is at the landlord's discretion. A.R.S. § 33-1368(B) |
| Arkansas | Two months' rent. Example: with rent of $500, the maximum deposit is $1,000. The deposit rules apply only to landlords who rent six or more dwellings. Ark. Code Ann. §§ 18-16-303, 18-16-304 | Within 60 days after the tenant moves out. Ark. Code Ann. § 18-16-305 | For a civil unlawful detainer, the landlord must give three days' written notice to vacate before filing. Ark. Code Ann. § 18-60-304 |
| California | One month's rent, in addition to the first month's rent. Small-landlord exception: up to two months' rent if the landlord is a natural person (or an LLC whose members are all natural persons) who owns no more than two residential rental properties with no more than four units in total. The exception does not apply if the prospective tenant is a service member. Cal. Civ. Code § 1950.5(c)(1), (c)(5) | No later than 21 calendar days after the tenant vacates. The landlord must return the remaining deposit with an itemized statement. Cal. Civ. Code § 1950.5(h)(1) | 3-day notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due, the name, phone number, and address of the person to pay, and the payment method. It may be served any time within one year after the rent becomes due. Cal. Civ. Proc. Code § 1161(2) |
| Colorado | Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent. C.R.S. §§ 38-12-102.5, 38-12-106 | Within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may set a longer period, up to 60 days. C.R.S. § 38-12-103(1) (as amended by HB 25-1249) | 10-day written demand to pay rent or deliver possession. Exempt residential agreements get 5 days; employer-provided housing gets 3 days. The tenant may pay the full amount in the notice, plus any rent that has since come due, at any time until the judge enters a judgment for possession. Payment can go to the landlord or the court, and the case is then dismissed. C.R.S. §§ 13-40-104(1)(d), 13-40-106, 13-40-115(4) |
| Connecticut | 2 months' rent; 1 month's rent if the tenant is 62 or older. A tenant who turns 62 after paying more than one month's rent can ask for the excess back. Conn. Gen. Stat. § 47a-21(b) | 21 days after the tenancy ends, or 15 days after the landlord receives the tenant's written forwarding address, whichever is later. Conn. Gen. Stat. § 47a-21(d)(2) | Rent is not 'unpaid' for eviction purposes until a 9-day grace period passes (4 days for week-to-week). Landlord then serves a written Notice to Quit giving at least 3 days before the quit date. From Jan. 1, 2026, the grace period is extended 5 more days if the landlord's online payment system prevented on-time payment. Conn. Gen. Stat. §§ 47a-15a(a), 47a-23 |
| Delaware | 1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month's rent is allowed (none for a support animal). 25 Del. C. § 5514(a), (i) | 20 days after the lease expires or terminates. 25 Del. C. § 5514(e)-(f) | After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent. 25 Del. C. § 5502(a), (c) |
| District of Columbia | May not exceed the initial monthly rent (one month's rent), and must be held in an interest-bearing account. 14 DCMR §§ 308-311; D.C. Code § 42-3502.17 (as summarized in OTA Tenant Bill of Rights, Form OTA 2026.09.25) | Within 45 days after the tenant vacates, the landlord must either return the deposit (with interest for tenancies of 12+ months) or give written notice of amounts claimed. If amounts are claimed, the balance must be returned within 30 days after that notice. 14 DCMR § 309; D.C. Code § 42-3502.17(e) | At least 10 days' written notice of intent to file before filing a nonpayment eviction, on the statutory form (amount owed, ledger, right to cure, tenant-help phone numbers), sent by certified/tracked mail plus hand delivery or posting. No eviction case may be filed if less than $600 is owed, and no eviction for unpaid late fees. D.C. Code §§ 42-3505.01(a)(1), (a-1); 16-1501 |
| Florida | No statutory cap on the amount of a security deposit. Fla. Stat. § 83.49 | 15 days after the lease ends if the landlord makes no claim. If the landlord intends to keep any part, written notice of the claim must be sent within 30 days (certified mail to last known address, or e-mail under § 83.505); tenant then has 15 days to object, and the balance is due within 30 days of the notice. Fla. Stat. § 83.49(3)(a)-(b) | 3-day written notice to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays, substantially in the statutory form. Fla. Stat. § 83.56(3) |
| Georgia | 2 months' rent. No landlord may demand or receive a security deposit that exceeds the equivalent of two months' rent. O.C.G.A. § 44-7-30.1 (added by HB 404, 2024 Safe at Home Act, Act 392) | Within 30 days after the landlord obtains possession of the unit. The landlord complies by mailing the statement and any refund by first-class mail to the tenant's last known address. If the mailed refund is returned undeliverable and the tenant cannot be located after reasonable effort, it becomes the landlord's property 90 days after mailing. O.C.G.A. § 44-7-34(a) | Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement. O.C.G.A. § 44-7-50(c), (d) (as amended by HB 404, 2024 Safe at Home Act, Act 392) |
| Hawaii | 1 month's rent, plus an optional pet deposit of up to 1 month's rent (only if the tenant has a pet; never for an assistance animal). At move-in the landlord may collect only the first month's rent and the security deposit. HRS § 521-44(b) | 14 days after the rental agreement ends. HRS § 521-44(c) | From Feb. 5, 2026: written notice of at least 10 calendar days to pay, on a form with required contents, with a copy provided to a state-funded mediation center. If the tenant schedules mediation within the 10 days, the landlord may not file until 20 calendar days after the tenant received the notice (unless the tenant skips or cancels mediation), and the landlord must participate. HRS § 521-68 (as amended by Act 278, SLH 2025) |
| Idaho | No statutory cap on the amount of a security deposit. Idaho Code § 6-321 | 21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. Idaho Code § 6-321 | 3 days' written notice demanding payment of the amount due or possession. The notice must state the amount due and the tenant's post-judgment removal period (72 hours for residential tenants). Notice may be served within one year after rent is due. Idaho Code § 6-303(2) |
| Illinois | No statewide legal limit on the amount of a security deposit. Illinois AG fact sheet 'Landlord and Tenant Rights and Laws' (01/24) | If the landlord withholds anything for damage, an itemized statement with estimated or actual repair costs and paid receipts is due within 30 days after the tenant vacates (or possession ends, whichever is later); if no statement is given, the full deposit must be returned within 45 days after the tenant vacates. 765 ILCS 710/1 | Written demand giving not less than 5 days after service to pay; if unpaid, landlord may end the lease and file for eviction. To keep partial payments from invalidating the notice, it must state that only FULL PAYMENT waives the right to terminate. 735 ILCS 5/9-209 |
| Indiana | No statutory cap on security deposits. IC 32-31-3 | Within 45 days after termination of the rental agreement and delivery of possession, the landlord must return the deposit minus itemized deductions. The landlord is not liable until the tenant provides a written forwarding mailing address. IC 32-31-3-12, 32-31-3-14 | Not less than 10 days' notice to pay or vacate, unless the parties agreed otherwise or the tenant pays in full within the notice period. IC 32-31-1-6, 32-31-1-7 |
| Iowa | Two months' rent. Iowa Code § 562A.12(1) | Within 30 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the deposit or give a written statement of the specific reasons for withholding. If no address is provided within one year, the deposit reverts to the landlord. Iowa Code § 562A.12(3)-(4) | 3 days' written notice of nonpayment and of the landlord's intent to terminate if rent is not paid within that period. After that notice, no separate 3-day notice to quit is required before filing. Iowa Code § 562A.27(2); § 648.3(1) |
| Kansas | Unfurnished unit: one month's rent. Furnished: 1.5 months' rent. If pets are allowed, an additional pet deposit of up to one-half month's rent. K.S.A. 58-2550(a) | Balance due within 14 days after the landlord determines deductions, and in no event more than 30 days after termination of tenancy, delivery of possession and the tenant's demand. If the tenant makes no demand within 30 days, the landlord must mail the amount due to the tenant's last known address. K.S.A. 58-2550(b) | 3 days' written notice to pay or the lease terminates (three consecutive 24-hour periods from delivery or posting; add 2 days if mailed). Before filing, a 3-day notice to leave the premises is also required; it may be combined with the RLTA notice. K.S.A. 58-2564(b); K.S.A. 61-3803 |
| Kentucky | No statutory cap (statewide or under URLTA). KRS 383.580 | Non-URLTA areas: no statute. URLTA areas: no fixed refund deadline; if the tenant leaves owing no rent with a refund due, the landlord must send notice of the refund amount to the tenant's last known address and may keep the deposit if the tenant does not respond within 60 days. If the tenant leaves without paying the last month's rent and does not demand the deposit, the landlord may apply it after 30 days. KRS 383.580(6)-(7) | URLTA areas: 7 days' written notice to pay or the lease terminates. Non-URLTA areas: no statutory pre-filing notice period for nonpayment was found; terms are governed by the lease. KRS 383.660(2) |
| Louisiana | No statutory cap La. R.S. 9:3251-3254 | Within one month after the lease terminates. If the landlord keeps any part, the itemized statement is due within one month after the tenancy ends. As of Aug. 1, 2026, the landlord may instead send it within an additional 15 days after that one-month date. La. R.S. 9:3251(A), as amended by Acts 2026, No. 63 (HB 292), eff. Aug. 1, 2026 | Written notice to vacate giving at least 5 days from delivery. Saturdays, Sundays and legal holidays are not counted in a period this short, so in practice the tenant gets 5 business days. The lease may waive the notice, and many standard leases do. La. C.C.P. arts. 4701, 5059(C)(3); La. R.S. 1:55(E); La. C.C. art. 2704 |
| Maine | 2 months' rent 14 M.R.S. § 6032 | Written rental agreement: within the time stated in the agreement, which may not exceed 30 days. Tenancy at will: 21 days after termination or surrender and acceptance of the premises, whichever is later. 14 M.R.S. § 6033(2) | 7-day written notice to quit (tenancy at will) when rent is 7 or more days in arrears. Paying the full rent due before the notice expires voids it. After expiration, paying all arrears, rent due to date, and the landlord's filing and service fees before the writ of possession issues reinstates the tenancy. 14 M.R.S. § 6002(1)(C), (1), (2) |
| Maryland | 1 month's rent per dwelling unit, regardless of the number of tenants. Up to 2 months' rent is allowed only if the tenant qualifies for Department of Human Services utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing. A landlord who charges more than the cap can be sued for up to 3 times the extra amount plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(b)(1)-(3) | Within 45 days after the tenancy ends, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. Md. Code, Real Prop. § 8-203(e)(1) | Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. Md. Code, Real Prop. § 8-401(c) |
| Massachusetts | Security deposit may not exceed one month's rent. At or before the start of a tenancy a landlord (or the landlord's agent) may require only: first full month's rent, last full month's rent (at the same rate as the first), a security deposit of up to one month's rent, and the purchase and installation cost of a new lock and key. No other upfront charges (e.g., application, pet, or landlord-side broker fees) are allowed. G.L. c. 186, § 15B(1)(b) | 30 days after the tenancy ends (end of a tenancy at will or end of the lease term). The landlord must return the deposit, or whatever balance remains, with any accrued interest. G.L. c. 186, § 15B(4) | 14 days' written notice to quit. For tenants at will: a tenant who has not received a similar notice in the previous 12 months can cure by paying the full rent due within 10 days after receiving the notice, and the notice must state this right. For tenants with a lease: the tenant can cure by paying all rent due, plus interest and costs, on or before the day the answer is due in the eviction case. G.L. c. 186, §§ 11, 12, 31 |
| Michigan | 1.5 months' rent MCL 554.602 | 30 days after the tenant's occupancy ends: landlord must mail an itemized notice of damages with the balance, or return the full deposit. If the landlord wants to keep any disputed amount it must sue within 45 days after termination of occupancy. MCL 554.609; MCL 554.610; MCL 554.613 | 7 days: written demand for possession (or written notice to quit) for nonpayment of rent before filing MCL 600.5714(1)(a); MCL 554.134(2); MCL 600.5716; MCL 600.5718 |
| Minnesota | No statewide cap on the amount of a security deposit. Minn. Stat. § 504B.178 | Within three weeks after the tenancy ends (and after the landlord receives the tenant's mailing address or delivery instructions), return the deposit with interest or give a written statement of reasons for withholding. Within 5 days if the tenant must leave because the building is legally condemned (unless the tenant's own willful, malicious, or irresponsible conduct caused it). Minn. Stat. § 504B.178, subd. 3 | Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Minn. Stat. § 504B.321, subd. 1a |
| Mississippi | No statutory cap. § 89-8-21 governs how deposits are held and returned but sets no maximum amount. Miss. Code Ann. § 89-8-21 | Within 45 days after the tenancy ends, the tenant delivers possession, and the tenant demands return. Miss. Code Ann. § 89-8-21(3) | 3 days. The landlord may give written notice (or email/text, if the tenant agreed in writing to be notified that way) that the rental agreement will end if the rent is not paid within three days. Miss. Code Ann. § 89-8-13(5)(a) |
| Missouri | Landlord may not demand or receive a security deposit of more than two months' rent. RSMo 535.300.1 | Within 30 days after the tenancy ends, the landlord must return the full deposit or send an itemized list of damages along with any remaining balance. Mailing to the tenant's last known address satisfies the duty. RSMo 535.300.3 | No fixed pay-or-quit notice period. Landlord must demand the rent; if it is unpaid, landlord may file a rent-and-possession statement. The one-month termination notice of 441.060 is not required before filing. RSMo 535.020 |
| Montana | No statutory cap on the amount of a residential security deposit. Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206) | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Mont. Code Ann. § 70-25-202(1)(a)-(b) | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mont. Code Ann. § 70-24-422(2) |
| Nebraska | One month's periodic rent (any security however labeled). A separate pet deposit of up to one-fourth of one month's periodic rent may also be charged. Neb. Rev. Stat. § 76-1416 | 14 days after the tenancy terminates (balance plus written itemization delivered or mailed; if no forwarding address is given, mail first-class to the last-known address). Neb. Rev. Stat. § 76-1416 | 7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Neb. Rev. Stat. § 76-1431(2) |
| Nevada | Security deposit plus any surety bond may not total more than 3 months' periodic rent. NRS 118A.242(1) | 30 days after termination of the tenancy. NRS 118A.242(4) | Written notice to pay rent or surrender by the close of business on the 7th judicial day after service (summary eviction). For rent reserved weekly or less where the tenancy has lasted 45 days or less: by noon on the 4th full day after service. NRS 40.253(1) |
| New Hampshire | One month's rent or $100, whichever is greater. RSA 540-A:6, I(a) | Within 30 days after the tenancy ends. RSA 540-A:7, I | 7-day written eviction notice (plus a demand for rent), stating the reason with specificity and telling the tenant of the right to avoid eviction by paying arrears. RSA 540:3, II-IV; RSA 540:2, II(a); RSA 540:5 |
| New Jersey | 1.5 times one month's rent. Any additional security collected in a year may not exceed 10% of the current deposit. N.J.S.A. 46:8-21.2 | Within 30 days after the lease ends, by personal delivery or registered or certified mail: the deposit plus the tenant's share of interest, minus lawful charges. Within 5 business days if the tenant is displaced by fire, flood, condemnation, or evacuation (and the premises are posted or certified as described in the statute). Within 15 business days when a domestic-violence victim ends the lease under N.J.S.A. 46:8-9.6. N.J.S.A. 46:8-21.1 | No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed. N.J.S.A. 2A:18-61.1(a), 2A:18-61.2, 2A:18-55, 2A:42-10.16a, 46:8-49.3 |
| New Mexico | No cap for leases of one year or more (but if the deposit exceeds one month's rent on an annual lease, the owner must pay annual interest). For rental agreements shorter than one year: max one month's rent. NMSA 1978, § 47-8-18(A) | Within 30 days of the end of the rental agreement or the resident's departure, whichever is later NMSA 1978, § 47-8-18(C) | 3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. NMSA 1978, § 47-8-33(D) |
| New York | One month's rent N.Y. Gen. Oblig. Law § 7-108(1-a)(a) | 14 days after the tenant vacates N.Y. Gen. Oblig. Law § 7-108(1-a)(e) | 14-day written rent demand before filing a nonpayment proceeding. Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a certified-mail notice that rent was not received; failure is an affirmative defense to a nonpayment case. N.Y. RPAPL § 711(2); N.Y. RPL § 235-e(d) |
| North Carolina | 2 weeks' rent (week-to-week tenancy); 1.5 months' rent (month-to-month); 2 months' rent (terms longer than month-to-month) N.C. Gen. Stat. § 42-51(b) | 30 days after the tenancy ends and possession is delivered. If the landlord's claim can't be determined in 30 days, an interim accounting is due in 30 days and a final accounting within 60 days. N.C. Gen. Stat. § 42-52 | If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. N.C. Gen. Stat. § 42-3; § 42-26(a)(2) |
| North Dakota | One month's rent. Up to two months' rent allowed from a tenant with a felony conviction (as an incentive to rent) or with a prior judgment for violating a rental agreement. A separate pet deposit (not for service/assistance animals) may not exceed the greater of $2,500 or two months' rent. N.D.C.C. § 47-16-07.1(1)-(2) | Within 30 days after the lease ends and the tenant delivers possession N.D.C.C. § 47-16-07.1(3) | Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. N.D.C.C. §§ 47-32-01(4), 47-32-02 |
| Ohio | No statutory cap Ohio Rev. Code § 5321.16 | Within 30 days after the rental agreement ends and possession is delivered, the landlord must send the itemized written notice of deductions together with the amount due. Ohio Rev. Code § 5321.16(B) | 3-day written notice to leave the premises before filing an eviction (forcible entry and detainer) action. The residential notice must conspicuously state: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance." Ohio Rev. Code § 1923.04 |
| Oklahoma | No statutory cap on the amount of a security deposit. 41 O.S. § 115 | 45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. 41 O.S. § 115(B) | 5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. 41 O.S. § 131 |
| Oregon | No statutory cap on the amount of a security deposit. ORS 90.300 | 31 days after the tenancy terminates and the tenant delivers possession. ORS 90.300(12)-(13) | Week-to-week: at least 72 hours' written notice, served no sooner than the 5th day of the rental period. Other tenancies: either at least 10 days' notice served no sooner than the 8th day of the rental period, or at least 13 days' notice served no sooner than the 5th day. Notice must state the amount due and the deadline to pay. ORS 90.394 |
| Pennsylvania | First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a) | 30 days after the lease ends or the tenant surrenders the premises (whichever comes first). Act § 512(a) (68 P.S. § 250.512(a)) | 10-day written notice to quit. Act § 501(b) (68 P.S. § 250.501(b)) |
| Rhode Island | One month's periodic rent. A separate furniture deposit (also capped at one month's rent) is allowed only for furnished units whose furniture has a replacement value of $5,000 or more. R.I. Gen. Laws § 34-18-19(a), (e) | 20 days after the latest of: termination of tenancy, delivery of possession, or the tenant providing a forwarding address. R.I. Gen. Laws § 34-18-19(b) | Once rent is 15 days in arrears, landlord may mail a written demand; tenant has 5 days from mailing to pay or the rental agreement terminates. Landlord may file no earlier than the 6th day after mailing. R.I. Gen. Laws § 34-18-35 |
| South Carolina | No statutory cap on the amount of a security deposit. S.C. Code § 27-40-410 | 30 days after termination of the tenancy and delivery of possession and demand by the tenant. S.C. Code § 27-40-410(a) | If rent is unpaid and not paid within 5 days of the due date, the landlord may terminate after written notice of nonpayment and intent to terminate. If the written lease contains the statutory notice language in bold, conspicuous type, the lease itself serves as the notice. S.C. Code § 27-40-710(B); § 27-37-10(B) |
| South Dakota | One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL 43-32-6.1 | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. SDCL 43-32-24 | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed) |
| Tennessee | No statutory cap on the amount of a security deposit. T.C.A. 66-28-301 | No fixed number of days for returning the deposit. In URLTA counties, if the tenant leaves owing no rent and is due a refund, the landlord must send notice of the refund amount to the tenant's last known or reasonably determinable address. If the tenant does not respond within 60 days of that notice, the landlord may keep the deposit. Move-out inspection: on the move-out day or within 4 calendar days after it. T.C.A. 66-28-301(b)(1)(A), (f) | 14 days. URLTA counties: written notice that the lease will end unless the rent is paid within 14 days after the tenant receives the notice. The tenant can cure by paying. Notice may be waived only by a waiver in 12-point or larger bold type in the lease, and the 5-day late-fee grace period still applies. Non-URLTA counties: 14 days' notice for rent that is due and in arrears, upon demand. The lease does not end if the tenant pays before the date in the notice. T.C.A. 66-28-505(a)(2), (b); 66-28-201(c); 66-7-109(a) |
| Texas | No statutory cap. Tex. Prop. Code ch. 92, subch. C (92.101-92.113) | On or before the 30th day after the tenant surrenders the premises. Tex. Prop. Code Sec. 92.103(a) | At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. Tex. Prop. Code Sec. 24.005(a) |
| Utah | No statutory cap. Utah Code 57-17-1 to 57-17-5 | No later than 30 days after the renter vacates and returns possession. If the owner misses it, the renter may serve a statutory 'Tenant's Notice to Provide Deposit Disposition', after which the owner has five business days to comply. Utah Code 57-17-3(2)-(5) | 3 business days' written notice to pay rent and other amounts due or surrender the premises. Utah Code 78B-6-802(1)(c) |
| Vermont | No statutory cap. 9 V.S.A. 4461 | Within 14 days from the date the landlord learns the tenant vacated (or from the move-out date if the tenant gave notice of it); 60 days for seasonal rentals not intended as a primary residence. 9 V.S.A. 4461(c) | Written notice of termination at least 14 days after actual notice. The tenancy does not terminate if the tenant pays or tenders all rent due through the end of the rental period in which payment is made. 9 V.S.A. 4467(a) |
| Virginia | Two months' periodic rent. Va. Code 55.1-1226(A) | 45 days after termination of the tenancy or the date the tenant vacates, whichever is later. Va. Code 55.1-1226(A) | 14-day written pay-or-quit notice. Va. Code 55.1-1245(F) |
| Washington | No statutory cap on a residential security deposit. A holding fee/deposit to secure a unit may not exceed 25% of the first month's rent, and tenants may request to pay deposits, nonrefundable fees and last month's rent in installments (3 equal monthly installments for terms of 3 months or more; 2 otherwise). RCW 59.18.260; RCW 59.18.610 | 30 days after the rental agreement terminates and the tenant vacates (or 30 days after the landlord learns of abandonment). RCW 59.18.280(1) | 14-day notice to pay rent or vacate, in the statutory form. RCW 59.12.030(3); RCW 59.18.057 |
| West Virginia | No statutory cap on the amount of a security deposit. W. Va. Code §§ 37-6A-1, 37-6A-2 | Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period') | No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. W. Va. Code § 55-3A-1(a) |
| Wisconsin | No statutory cap on the amount of a security deposit. Wis. Admin. Code ATCP 134.06; Wis. Stat. § 704.28 | 21 days. If the tenant leaves on the termination date, the clock starts on that date. If the tenant leaves or is evicted early, it starts on the termination date, or when a new tenancy begins if the landlord re-rents first. If the tenant leaves after the termination date, it starts when the landlord learns the tenant has left or been removed. Wis. Stat. § 704.28(4); Wis. Admin. Code ATCP 134.06(2) | Month-to-month/week-to-week: 5-day pay-or-vacate notice, or (month-to-month only) a 14-day notice to vacate with no right to cure. Lease of 1 year or less: 5-day pay-or-vacate; if the tenant was late within the past year, a 14-day notice to vacate. Lease over 1 year: 30-day notice to pay. Wis. Stat. § 704.17(1p)(a), (2)(a), (3)(a) |
| Wyoming | No statutory cap on the amount of a deposit. W.S. 1-21-1207, 1-21-1208 | Within 30 days after the rental agreement ends, or within 15 days after the landlord receives the renter's new mailing address, whichever is later. If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a) | 3-day notice to quit. FED is allowed after rent is 3 days past due, and the written notice to leave must be served at least 3 days before the action is filed. W.S. 1-21-1002(a)(i), 1-21-1003 |
Frequently asked questions
Do landlord-tenant laws differ by state?
Yes, a lot. Deposit limits, deposit return deadlines, eviction notice periods, entry rules and repair remedies are set by each state, and some cities add their own rules. Pick your state below for the rules that apply to you.
Where can I get free legal help as a tenant?
Start with your local legal aid organization and your state court's self-help center; each state page links official resources. Some cities, including New York City and San Francisco, guarantee a lawyer to many tenants facing eviction.
Is federal law relevant to renting?
Yes. The federal Fair Housing Act bans discrimination based on race, color, religion, sex, national origin, familial status and disability, and many states and cities add protected classes. Some federally assisted housing also has its own notice and grievance rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.