What's in a deposit limit answer
Each state page shows whether the law caps the deposit, the cap in months of rent, what the cap counts (pet deposits, advance rent, last month's rent) and the exceptions. Every legal figure is tied to a cited source; see our methodology for how we verify each one.
Where states set a cap, and where the exceptions are
Examples we have read in the law itself:
- California — a landlord may not demand or receive security in excess of one month's rent, in addition to the first month's rent paid before occupancy, but the statute does not prohibit an advance payment of not less than six months' rent when the lease term is six months or longer (Cal. Civ. Code 1950.5(c)).
- New York — no deposit or advance may exceed one month's rent, except in the categories the statute lists (N.Y. Gen. Oblig. Law 7-108(1-a)(a)).
Statutes differ on whether a cap exists at all, how it is measured and which tenancies are excluded, so the right answer depends on the state and sometimes on the type of rental.
Once a deposit is paid, the next question is when it must come back: see the Security Deposit Return Deadline Calculator.