Security deposit and late fee limits by state

Pick a state to see its deposit cap, return deadline and late fee rules, plus the notice periods that come up most. Covers 10 states.

California

California Civil Code §1940–1954.05 · Reviewed October 15, 2026
Security deposit maximum
1 month’s rent (2 for some small landlords)
1 month’s rent maximum regardless of furnishing (effective July 1, 2024, under AB 12). Exception: landlords who own no more than 2 residential properties with a total of 4 or fewer units may charge up to 2 months’ rent (this exception does not apply to active-duty military).
Deposit return deadline
21 days
21 calendar days after the tenant moves out. An itemized statement must accompany any deductions.
Late fees
No set cap; must be reasonable
No specific statutory cap, but fees must be reasonable and related to the landlord’s actual costs. Courts have struck down excessive fees.
Notice before filing for unpaid rent
3-day notice to pay rent or quit for nonpayment; 3-day notice to cure or quit for lease violations; 30/60-day notice for no-fault terminations (depending on tenancy length).
Notice to enter the unit
24 hours’ advance written notice for most entries; 48 hours for move-out inspections. No notice required for emergencies.
Notice for a rent increase
30 days’ notice for increases of 10% or less; 90 days’ notice for increases over 10%. Subject to AB 1482 rent caps where applicable.
Read the full California guide

Rentra records move-in and move-out inspections room by room, with photos, so deposit deductions have a record behind them. Try it free for 14 days

All 10 states side by side

StateDeposit maximumReturn deadlineLate fees
California1 month’s rent (2 for some small landlords)21 daysNo set cap; must be reasonable
TexasNo limit30 days, once the tenant gives a forwarding addressAfter 2 full days; 12% of rent is presumed reasonable (10% over 4 units)
FloridaNo limit15 days, or 30 if you claim deductionsNo set cap; must be reasonable
New York1 month’s rent14 days$50 or 5% of rent, whichever is less, after 5 days
IllinoisNo statewide limit (1.5 months in suburban Cook County)30 to 45 days, depending on building and cityNo statewide cap; Chicago and suburban Cook County set limits
Pennsylvania2 months’ rent in year one, then 1 month30 daysNo set cap; must be reasonable
OhioNo limit (larger deposits earn interest)30 daysNo statewide cap; some cities set one
Georgia2 months’ rent30 daysNo set cap; must be in the lease
North Carolina2 weeks’ to 2 months’ rent, by tenancy length30 days$15 or 5% of rent, whichever is greater, after a 5-day grace period
Michigan1.5 months’ rent30 daysNo set cap; can’t be unconscionable

General information for landlords. Laws change and cities add their own rules, so check the statute or ask a local attorney before you rely on a number here.

Keep the deposit separate from rent

Most deposit disputes come down to records. Note the deposit when it is paid, keep it out of the rent balance, and photograph the unit at move-in and move-out. When the tenant leaves, send the itemized list of deductions before the deadline above. The rent ledger template has a Deposit row type for this.

Rentra keeps move-in and move-out inspections room by room, with photos, and compares them when the tenant leaves so you can see what changed. See inspections.

Questions

Which states are covered?

California, Texas, Florida, New York, Illinois, Pennsylvania, Ohio, Georgia, North Carolina, Michigan. Each one comes from our state guide, which shows the statute and the date it was last reviewed.

What if my city has its own rules?

City and county rules can be stricter than state law. Chicago and suburban Cook County, New York City, and several California and Ohio cities all add their own limits. Check your local ordinance as well as the state rule.

Can I charge a late fee if my state has no cap?

Usually only if the lease says so, and the fee still has to be reasonable. Courts in states without a cap have thrown out fees that look like a penalty rather than a cost of late payment. Put the amount and the grace period in the lease.

Try Rentra on your own rentals

Upload a signed lease and Rentra sets up the tenant, the rent and the lease dates. Free for 14 days, then $5 a unit a month.