Security deposit limits and return deadlines, state by state examples
States set two rules for security deposits: how much you can collect and how fast you must return it, with an itemized list of anything you keep. New York and Massachusetts cap the deposit at one month’s rent; Florida sets no cap. Return deadlines range from 14 days in New York to 30 or 31 days in Massachusetts, Washington and Oregon.
The two numbers that matter
A security deposit is the tenant’s money that you hold against unpaid rent and damage beyond normal wear. Because it is not yours, states regulate it closely. The amount limit stops owners from asking for more than a set multiple of rent. The return deadline makes owners give it back, or explain in writing what they kept, soon after the tenant leaves.
Missing the deadline is the expensive mistake. In several states, an owner who misses it loses the right to keep any of the deposit, even for real damage.
Examples from five states
| State | Most you can collect | Deadline after move-out | What happens if you miss it |
|---|---|---|---|
| New York | One month’s rent, with narrow exceptions | 14 days, with an itemized statement of anything kept | Owner forfeits the right to keep any part of the deposit |
| Massachusetts | First month’s rent | 30 days after the tenancy ends | See the remedies in the statute; deposits held a year or more also earn interest |
| Florida | No cap in the statute | 15 days if nothing is claimed; 30 days to send a written notice of claim | Tenant has 15 days after the notice to object |
| Washington | Not covered in this guide | 30 days, with a full and specific statement | Owner is liable for the full deposit; up to twice the deposit for intentional refusal |
| Oregon | Not covered in this guide | 31 days after the tenancy ends and the tenant gives back possession | See ORS 90.300 |
Sources: New York General Obligations Law 7-108; Massachusetts c. 186, 15B; Florida 83.49; Washington RCW 59.18.280; Oregon ORS 90.300. Some of these states have further rules on where the money is held, receipts and move-in condition reports. Read the full section for your state.
Massachusetts: deposits earn interest
Massachusetts is the clearest example of a deposit that grows. Under chapter 186, section 15B, an owner who holds a deposit for a year or longer must pay interest at 5 percent a year, or the lower rate the bank actually paid on the account.
Example a made-up Massachusetts tenant pays a $1,600 deposit, equal to the first month’s rent, and the owner holds it in an account paying 5 percent. After one year the interest owed is $80. If the bank paid only 1 percent, the interest owed would be $16, the lesser amount the bank paid.
Florida: the claim notice process
Florida does not cap the deposit, but it sets a strict process for keeping any of it. Under section 83.49(3), the owner returns the full deposit within 15 days of the end of the lease if there is no claim. To keep part, the owner sends a written notice of the claim within 30 days, by certified mail to the tenant’s last known address (or by email where the statute allows). The tenant then has 15 days to object in writing.
Example a made-up Florida tenant moves out on June 30 with a $1,400 deposit. The owner finds a $350 broken door. The owner must send the notice of claim by July 30. If the tenant does not object within 15 days of receiving it, the owner may deduct $350 and return $1,050.
A move-out routine that meets every deadline
- Before move-in, record the unit’s condition with dated photos and a signed checklist.
- Hold each property’s deposits in that property’s books, not mixed with rent income. A deposit is a liability until you keep some of it.
- On move-out day, inspect with the same checklist and photos.
- Put the deadline for your state on your calendar the same day. Count from the date your statute uses (end of lease, end of occupancy or return of possession).
- Price each deduction from an invoice or a written estimate, and leave out normal wear.
- Send the itemized statement and the balance before the deadline, by a method you can prove.
A deposit you keep becomes income in that year. A deposit you return was never income. Ask your tax preparer how to record each.
How DoorKeeping handles it
In DoorKeeping, every property’s LLC keeps its own books, including the deposits it holds, so you can see what you owe back for each building at any time. Returning or keeping any part of a deposit is a money step that waits for your one-tap approval. DoorKeeping does not give legal advice; use your state’s statute for the amount and the deadline.
Sources
- New York General Obligations Law 7-108, read Oct 29, 2026
- Massachusetts General Laws chapter 186, section 15B, read Oct 29, 2026
- Florida Statutes 83.49, read Oct 29, 2026
- Washington RCW 59.18.280, read Oct 29, 2026
- Oregon Revised Statutes chapter 90 (ORS 90.300), read Oct 29, 2026
Questions
- How long does a landlord have to return a security deposit?
- It depends on the state: 14 days in New York, 30 days in Massachusetts and Washington, 31 days in Oregon, and in Florida 15 days if nothing is claimed or 30 days to send a notice of claim.
- What is the maximum security deposit?
- Some states cap it: New York and Massachusetts limit it to one month’s rent. Florida’s statute sets no cap. Check your own state and city.
- What if a landlord misses the deposit deadline?
- In New York the landlord forfeits the right to keep any part of it, and in Washington the landlord becomes liable for the full deposit. Other states have their own penalties.