Renter's Rights: Deposits, Repairs, Entry, and Eviction

Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published June 17, 2026 · Last reviewed June 26, 2026

What every renter should know about security deposits, repairs, landlord entry, and the eviction process — the rules that come up most often, in plain English.

Security Deposits

A security deposit is your money. The landlord holds it against unpaid rent or damage beyond normal wear and tear. States differ on whether the amount can be capped, but they mostly agree on the end of the tenancy: within a set deadline, the landlord must either return the deposit or send an itemized list of what was kept.

Two steps protect almost any deposit. Photograph or video every room, appliance, wall, and floor on move-out day — date-stamped images are the strongest evidence in a dispute. And give the landlord a written forwarding address; in several states the return clock does not start until they have it. Faded paint and light carpet wear are normal wear and tear and generally cannot be deducted — only damage beyond that.

Repairs and Habitability

In these states, a landlord must keep the rental fit to live in: heat, hot and cold running water, working plumbing and electrical, and a sound structure. The lease generally cannot waive this duty.

The remedy usually starts the same way. Give the landlord written notice describing the problem; they get a set window to fix it. Stay current on rent — repair remedies usually depend on it. After the cure window passes, options may include ending the lease, suing for damages, withholding the lost rental value, or — in limited, capped cases — fixing the problem and deducting the cost from rent. The notice period and the repair-and-deduct cap vary by state.

Landlord Entry

Most states require advance notice before a landlord enters for non-emergencies like repairs or showings, and entry must be at reasonable times. The usual exceptions: true emergencies — a burst pipe, fire, or gas leak — and times when the tenant consents on the spot.

When a landlord abuses entry — entering repeatedly without notice or using entry to harass — tenants generally have grounds to end the lease and recover damages and lawyer's fees.

The Eviction Process

A landlord cannot just remove a tenant. Eviction goes through the courts and starts with a written notice. For unpaid rent, that notice is usually a "pay-or-quit": pay the full balance within the stated days and the tenancy continues. For other lease violations, there is generally a separate, often longer notice with a chance to cure.

If the tenant does not pay, cure, or move, the landlord files an eviction case in local court. Show up: across these states, tenants who ignore the notice or skip the hearing routinely lose by default — even with valid defenses. The notice length, the court, and the timeline differ by state.

Lockouts and Self-Help Eviction Are Illegal

Every state here flatly bars "self-help" eviction. A landlord cannot change the locks, remove your belongings, or shut off utilities to force you out — even when the rent is genuinely unpaid. The court process is the only lawful route.

A tenant who is unlawfully locked out or has essential services cut off generally has a fast remedy: get possession back or end the tenancy, plus money damages and lawyer's fees. The amount of statutory damages varies by state.

Breaking a Lease Early

Leaving early does not automatically mean owing the whole remaining balance. In most states the landlord must "mitigate" — make reasonable efforts to re-rent the unit — and the departing tenant generally owes rent only for the time it sits vacant despite those efforts.

Some tenants can end a lease early without penalty for protected reasons. Active-duty service members can usually break a lease on deployment or permanent-change-of-station orders under the federal Servicemembers Civil Relief Act (SCRA), and several states add their own protections — for example, for victims of domestic or family violence. The qualifying reasons and the documentation required vary by state.

Retaliation Protections

Many states bar a landlord from punishing a tenant for using a legal right — requesting repairs, reporting a violation to code enforcement, or organizing with other tenants. Where these protections apply, a rent increase, service cut, or eviction filing that lands shortly after the protected action is presumed to be retaliation, and the landlord must then show a legitimate reason.

Sources

  1. State residential landlord-tenant law (overview)
  2. Uniform Residential Landlord and Tenant Act (URLTA)
  3. Servicemembers Civil Relief Act (SCRA)
Security deposit rules by stateCompare the deposit cap and return deadline in all 50 states.

Whether the deposit amount is capped, and how many days a landlord has to return it after a tenancy ends, in every state. A cell shows a figure where a verified statute sets one; otherwise the row links that state's primary source so you can read the rule directly.

StateDeposit capReturn deadlineSource
Alabama1× monthly rent (except for pets, changes to the premises, or increased liability risks to the landlord or premises)60 calendar daysAla. Code § 35-9A-201
Alaska2× monthly rent (Does not apply to rental units where the rent exceeds $2,000 a month; a landlord may also require an additional pet deposit (for a non-service animal) not to exceed one month's periodic rent.)14 calendar daysAlaska Stat. § 34.03.070
Arizona1.5× monthly rent14 business daysA.R.S. §33-1321 (security deposits)
Arkansas2× monthly rent (Per Ark. Code §18-16-303, the security-deposit subchapter (including this cap) does not apply to a landlord who owns five or fewer dwelling units, unless those units are managed by a third party for a fee.)60 calendar daysArk. Code §18-16-305 (refund); cap at §18-16-304
California1× monthly rent (Since July 1, 2024 (AB 12) the cap is one month's rent for furnished or unfurnished units. A small landlord who owns no more than two residential properties with four or fewer units total may collect up to two months' rent.)21 calendar daysCal. Civ. Code §1950.5 (security deposits)
ColoradoSee sourceSee sourceColo. Rev. Stat. §38-12-103
Connecticut2× monthly rent (For a tenant 62 years of age or older, the maximum is one month's rent.)21 calendar daysConn. Gen. Stat. § 47a-21
Delaware1× monthly rent (Applies where the rental agreement is for 1 year or more; the statute sets no maximum for shorter (e.g. month-to-month) terms.)20 calendar days25 Del. C. § 5514
District of ColumbiaNot yet sourced
FloridaNo statutory cap15 calendar daysFla. Stat. §83.49 (security deposits)
GeorgiaNo statutory cap30 calendar daysO.C.G.A. § 44-7-34
Hawaii1× monthly rent14 calendar daysHaw. Rev. Stat. §521-44
IdahoNo statutory cap21 calendar daysIdaho Code § 6-321
IllinoisNo statutory cap45 calendar days765 ILCS 710/1 (Security Deposit Return Act)
IndianaNo statutory cap45 calendar daysInd. Code § 32-31-3-12
Iowa2× monthly rent30 calendar daysIowa Code §562A.12
Kansas1 month's rent (unfurnished); up to 1.5 months if furnished, plus up to 0.5 month extra for pets30 calendar daysK.S.A. 58-2550
KentuckySee sourceSee sourceKy. Rev. Stat. §383.500, Ky. Rev. Stat. §383.580(1), Ky. Rev. Stat. §383.580(4)
LouisianaNo statutory cap30 calendar daysLa. R.S. 9:3251
Maine2× monthly rent30 calendar daysMe. Rev. Stat. tit. 14, §6033
Maryland1× monthly rent (For leases entered into on or after October 1, 2024, the cap is 1 month's rent; a deposit of up to 2 months' rent is permitted only where the tenant qualifies for utility assistance and pays utilities directly to the landlord under a written agreement.)45 calendar daysMd. Code, Real Property § 8-203
Massachusetts1× monthly rent (No lessor may require an amount in excess of the first month's rent as a security deposit (in addition to first and last month's rent and a lawful lock/key fee).)30 calendar daysM.G.L. c. 186, § 15B
Michigan1.5× monthly rent (Security deposit shall not exceed 1 1/2 months' rent (Mich. Comp. Laws § 554.602).)30 calendar daysMich. Comp. Laws § 554.609
MinnesotaNo statutory cap21 calendar daysMinn. Stat. § 504B.178
MississippiNo statutory cap45 calendar daysMiss. Code Ann. § 89-8-21
Missouri2× monthly rent30 calendar daysMo. Rev. Stat. §535.300
MontanaNo statutory cap30 calendar daysMont. Code Ann. § 70-25-202
Nebraska1× monthly rent (Limited to one month's periodic rent; a pet deposit not exceeding one-fourth of one month's periodic rent may additionally be demanded.)14 calendar daysNeb. Rev. Stat. § 76-1416
Nevada3× monthly rent30 calendar daysNRS 118A.242 (security deposits)
New HampshireOne month's rent or $100, whichever is greater30 calendar daysN.H. Rev. Stat. Ann. § 540-A:7
New Jersey1.5× monthly rent (Per N.J.S.A. 46:8-21.2; any additional security collected annually may not exceed 10% of the current security deposit.)30 calendar daysN.J.S.A. 46:8-21.1 (return); cap at N.J.S.A. 46:8-21.2
New Mexico1× monthly rent (This one-month cap applies to leases shorter than one year. For a lease of one year or longer, New Mexico sets no dollar cap on the deposit.)30 calendar daysNMSA 1978, §47-8-18 (deposits)
New York1× monthly rent (Since the 2019 Housing Stability and Tenant Protection Act, the deposit (plus any advance) may not exceed one month's rent for most residential tenancies.)14 calendar daysN.Y. Gen. Oblig. Law §7-108
North CarolinaUp to 2 weeks' rent (week-to-week), 1.5 months' rent (month-to-month), or 2 months' rent (terms longer than month-to-month)30 calendar daysN.C. Gen. Stat. §§ 42-51, 42-52
North Dakota1× monthly rent (General maximum is one month's rent; the statute allows more (e.g., up to two months' rent) where the tenant has a felony conviction or a prior lease violation, and a pet security deposit may not exceed the greater of $2,500 or two months' rent.)30 calendar daysN.D. Cent. Code § 47-16-07.1
OhioNo statutory cap30 calendar daysOhio Rev. Code §5321.16
OklahomaNo statutory cap45 calendar days41 Okla. Stat. § 115
OregonNo statutory cap31 calendar daysOr. Rev. Stat. § 90.300
PennsylvaniaTwo months' rent during the first year of the lease; no more than one month's rent during the second and subsequent years or any renewal30 calendar days68 P.S. §§ 250.511a, 250.512 (PA Landlord and Tenant Act of 1951)
Rhode Island1× monthly rent (one month's periodic rent)20 calendar daysR.I. Gen. Laws § 34-18-19
South CarolinaNo statutory cap30 calendar daysS.C. Code § 27-40-410
South Dakota1× monthly rent (A larger deposit may be agreed upon between the lessor and lessee where special conditions pose a danger to maintenance of the premises (SDCL 43-32-6.1).)14 calendar daysSDCL § 43-32-24 (return) & § 43-32-6.1 (cap)
TennesseeSee sourceSee sourceTenn. Code §66-28-102(a), Tenn. Code §66-28-301(a), Tenn. Code §66-28-301(f)
TexasNo statutory cap30 calendar daysTex. Prop. Code §92.103 (return of security deposit)
UtahNo statutory cap30 calendar daysUtah Code § 57-17-3
VermontNo statutory cap14 calendar days9 V.S.A. § 4461
Virginia2× monthly rent45 calendar daysVa. Code § 55.1-1226
WashingtonNo statutory cap30 calendar daysWash. Rev. Code §59.18.280
West VirginiaNo statutory cap60 calendar daysW. Va. Code §37-6A-1
WisconsinNo statutory cap21 calendar daysWis. Stat. § 704.28
WyomingNo statutory cap30 calendar daysWyo. Stat. § 1-21-1208

General statutory information, not legal advice. Caps and deadlines carry exceptions — for example, the return clock often starts only once the tenant gives a written forwarding address. Open the cited statute for the exact text and confirm the current law for your state.

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These guides are general information about the law, not legal advice for your specific situation. Talk to a licensed lawyer in your state before making decisions that affect your rights.