Free tool from Rentari.ai
Security deposit compliance check
50 states plus DC. Checks your deposit against the statutory cap, counts down the return deadline, and points to the exact statute. Free, no signup, no email.
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FAQ
The questions landlords actually ask about security deposits.
How is the deposit cap actually enforced?
Depends on the state. Most states allow a tenant to sue for the excess plus damages (often 2x or 3x the over-cap amount) if a landlord charges more than the statutory cap. A few states (California, New York, Massachusetts) automatically void any clause in a lease that exceeds the cap. Always conform to the cap; the downside risk is much larger than the upside of holding extra cash.
What counts as "the deposit" for the cap?
Generally the security deposit, the pet deposit, and any "last month's rent" payment are aggregated for the cap test in most states. Cleaning deposits and key deposits sometimes count, sometimes don't, varies by state. When in doubt, treat any non-refundable or refundable up-front payment as counting toward the cap.
Does the return deadline start from move-out or key handoff?
Most state statutes use the date the tenant surrenders possession (returns the keys or vacates, whichever is later), not the date the lease ends. If you do a walk-through with the tenant on day X, that's usually the start of the clock. Document the exact handoff in writing.
What if I have to deduct repair costs from the deposit?
Every state requires a written itemized statement of any deductions sent within the same return window. The statement must list each deduction, the cost, and ideally a receipt or invoice. Without the itemized statement, courts in most states will order the full deposit returned regardless of actual damages.
Does normal wear and tear count as damage?
No. Every state distinguishes "normal wear and tear" (faded paint, worn carpet from foot traffic, minor scuffs) from "damage" (large holes, broken fixtures, pet damage, smoke). You cannot deduct for normal wear and tear in any state. The dividing line is fact-specific; document with move-in and move-out photos.
What if the tenant doesn't give me a forwarding address?
Most states require you to mail the deposit (or itemized statement) to the last known address if no forwarding address is provided. Some states extend the return window if the tenant fails to provide an address. Check the specific statute linked above for your state.
Where does the source data come from?
From the state landlord-tenant statutes themselves. Rentari.ai maintains a JSON catalog that pulls deposit caps, return windows, and statute URLs from each state's official code. Updated periodically. If you spot a discrepancy with the linked statute, please email [email protected].