Security Deposit Laws by State

Which States Cap Security Deposits at One Month's Rent? The 2026 List

A friend in Alabama texted me a lease that asked for two months' rent as a security deposit, and I told him to send it back unsigned. Alabama caps deposits at one month's rent. He had no idea. That is the thing about deposit caps: most renters do not know theirs exists until someone points it out, and most landlords in capped states would rather you not check. Here is the full 2026 picture.

The one-month-rent states

These are the states where the general rule is one month's rent as the maximum security deposit. Read the exceptions column carefully, because "one month" is rarely as simple as it sounds:

StateCapWorth knowing
Alabama1 month's rentAdditional pet or risk deposits are allowed on top
California1 month's rentSince AB 12 (2024). Qualifying small landlords can charge up to 2 months under strict conditions
Delaware1 month's rentApplies to leases of one year or more; shorter leases differ
District of Columbia1 month's rent45-day return deadline, interest required
Hawaii1 month's rentExtra month allowed for a pet
Maryland1 month's rentSince October 2024, when the cap was tightened
Massachusetts1 month's rentStrictest enforcement in the country: unlawful deposits can trigger triple damages
Nebraska1 month's rentAdditional pet deposit up to a quarter month allowed
New Hampshire1 month's rent or $100, whichever is greaterSmall owner-occupied buildings exempt
New Mexico1 month's rentFor leases shorter than one year; longer leases have no cap
New York1 month's rentCovers most tenancies; certain housing arrangements exempt
North Dakota1 month's rentHigher pet deposits allowed; higher deposits for tenants with felonies or judgments
Rhode Island1 month's rentUp to one additional month for furnishings valued over $5,000
South Dakota1 month's rentAdditional pet deposit allowed

That is 13 states plus DC. Pennsylvania deserves an honorable mention: the cap is 2 months for the first year of a lease, then drops to 1 month's rent after that. And New Mexico is the oddest entry: the one-month cap only applies to short leases, so signing a 12-month lease there actually removes the protection.

One sentence version: if your state caps deposits at one month, any demand above that is either an exception (pet, furnished, small landlord) or unlawful. Know which one you are looking at.

The local overrides most people miss

State law is not always the ceiling. Seattle caps security deposits at one month's rent even though Washington state has no statewide cap at all. Minneapolis has a one-month limit with no statewide Minnesota cap. This pattern repeats across the country: cities tightening rules where legislatures have not. If you are renting in a large metro, check the city ordinance before you assume the state rule is the whole story.

What "one month" usually includes (and what does not)

The cap is not just about the line labeled "security deposit." Prepaid last month's rent, cleaning deposits, key deposits, and surety bonds often count toward the total. Nevada makes this explicit: all deposits plus prepaid rent plus surety bonds combined cannot exceed three months' rent. In a strict one-month state, a landlord who demands first month, last month, and a one-month deposit upfront is usually fine, since the last month's rent is rent, not deposit. But a landlord who adds a "pet deposit" and a "cleaning deposit" on top of a one-month security deposit in a strict state is probably over the line. Watch the total, not the labels.

My take

The trend is clearly moving toward one month. California and Maryland both tightened their caps in 2024, and Georgia added its first-ever cap the same year. The political wind is behind deposit limits, and I would not be surprised to see more states follow. For renters, the practical advice is boring but effective: before you sign, look up your state's cap on the tool below and do the arithmetic on the move-in costs in your lease. It takes five minutes and it has real teeth, especially in states with penalty provisions like Massachusetts.

Look up your state's exact cap

All 50 states plus DC: caps, return deadlines, interest rules, and statute citations in one table.

Open the Security Deposit Laws Tool

Frequently asked questions

Which states limit security deposits to one month's rent?

As of 2026, the states with a general one-month-rent cap include Alabama, California, Delaware (for leases of a year or more), Hawaii, Maryland, Massachusetts, Nebraska, New Hampshire, New Mexico (for leases under a year), New York, North Dakota, Rhode Island, and South Dakota, plus Washington DC. Exceptions for pet deposits, furnished units, and small landlords apply in several of them.

Can a landlord charge a pet deposit on top of a one-month deposit cap?

It depends on the state. Nebraska, North Dakota, South Dakota, and Hawaii explicitly allow additional pet deposits above the one-month base. In strict one-month states like California, a separate pet deposit pushes the total over the cap and is not allowed for most landlords.

Do local cities ever have lower deposit caps than their state?

Yes. Seattle caps deposits at one month's rent even though Washington state has no statewide cap, and Minneapolis has a one-month limit with no statewide Minnesota cap. Always check city ordinances, not just state law.

What happens if a landlord charges more than the legal deposit cap?

The tenant is generally entitled to recover the excess. In some states, like Massachusetts, demanding an unlawful deposit carries triple-damage penalties. The landlord must return the overage, and penalties vary by state.

Is last month's rent counted in the security deposit cap?

Often yes. Several states count prepaid last month's rent toward the cap total. Nevada, for example, limits all deposits, prepaid rent, and surety bonds combined to three months' rent. Massachusetts treats prepaid last month's rent as part of what a landlord may collect upfront.

Related reading: California Security Deposit Limit in 2026: The 1 Month Rule After AB 12 · What Happens When a Landlord Misses the Security Deposit Deadline · Do Landlords Have to Pay Interest on Security Deposits? The 2026 State Guide.

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General information, not legal advice. State rules summarized from published 2026 compilations; rates and thresholds change. Confirm your current statute before acting.