Security deposit explained
Don't sign blind.
A security deposit clause sets the deposit amount, what the landlord can deduct, and the return timeline. State law sets caps and deadlines that override what the lease says.
No account requiredFile deleted after analysisNot legal advice
What it usually means
A security deposit is held by the landlord as security for damage and unpaid rent. Most states cap the amount, regulate how it must be held, and set a return deadline (often 14-60 days) with itemized deductions in writing.
Why it matters before signing
Stacked move-in fees can quietly push total upfront money above the state cap. Vague "reasonable wear and tear" deductions are a common point of dispute. State law sets the floor and the ceiling.
State variation matters (a lot)
- California caps most deposits at one month under Cal. Civ. Code § 1950.5; return within 21 days.
- New York caps at one month under N.Y. Gen. Oblig. Law § 7-108; return within 14 days.
- Texas has no statutory cap; deposit return within 30 days under Tex. Prop. Code Ch. 92.
- Florida has no cap; Fla. Stat. § 83.49 regulates how the deposit must be held.
What to ask before signing
- Does the deposit (plus any non-refundable move-in fees) fit the state cap?
- How does my state require the deposit to be held?
- What is the return deadline, and is there a required itemized statement?
How Dang catches it
Dang's residential-lease engine runs Tier A statutory checks for deposit cap, return deadline, and (where applicable) deposit interest across all 50 states plus DC.
Frequently asked questions
Are non-refundable move-in fees counted toward the deposit cap?
Some states (e.g., California) count all upfront non-refundable charges toward the cap. Others let landlords charge separately. Worth checking your specific state.
What's a reasonable return deadline?
Most states require 14-30 days. California is 21; New York is 14; Texas is 30; Florida has split rules under § 83.49.
Can I get the deposit back if there is normal wear?
Generally yes. "Normal wear and tear" is excludable in most states; only damage beyond ordinary use is deductible.
Sources & further reading
- Cal. Civ. Code § 1950.5 · California deposit cap
- N.Y. Gen. Oblig. Law § 7-108 · New York deposit cap
- Tex. Prop. Code Ch. 92 · Texas Property Code Ch. 92
- Fla. Stat. § 83.49 · Florida deposit handling
No account required · File deleted after analysis · Not legal advice. Dang reports contract findings in plain English. For consequential decisions, consult a licensed attorney in your state.