The Landlord's Guide to Security Deposits

Security deposits are one of the most common sources of landlord–tenant disputes — and one of the easiest to get wrong legally. The rules vary significantly by state, so always confirm your local requirements. The principles below apply almost everywhere.

How Much to Collect

Most landlords collect one month's rent as a deposit. Many states cap the maximum (often one to two months' rent), and some limit what you can charge for additional deposits like pet deposits. Collect the full deposit before handing over keys — chasing it afterward rarely ends well.

Holding the Deposit

Several states require you to hold deposits in a separate account, and some require you to pay the tenant interest. Even where it isn't required, keeping deposits separate from your operating funds is good practice — it's the tenant's money until you have a documented reason to keep part of it.

Document Condition at Move-In

Your deposit is only as defensible as your documentation. At move-in, complete a written condition checklist with the tenant and take date-stamped photos or video of every room. This baseline is what lets you fairly distinguish normal wear from actual damage at move-out.

What You Can Deduct

You can generally deduct for:

• Unpaid rent and agreed-upon fees
• Damage beyond normal wear and tear (holes in walls, broken fixtures, pet damage)
• Cleaning needed to return the unit to its move-in condition

You generally cannot deduct for normal wear — faded paint, minor carpet wear, small nail holes. The line between "wear" and "damage" is where most disputes happen, which is why move-in documentation matters so much.

Returning the Deposit

Almost every state sets a deadline to return the deposit after move-out — commonly 14 to 30 days. If you keep any portion, you typically must provide an itemized statement of deductions, often with receipts. Missing the deadline can cost you: some states let tenants recover two or three times the deposit if you don't comply.

Avoiding Disputes

• Use a signed move-in and move-out checklist with photos for both.
• Itemize every deduction and attach receipts.
• Return the balance promptly — before your state's deadline.
• Communicate clearly and keep a record of everything.

The deadlines and itemization are exactly the kind of thing that's easy to miss when you're busy. Rentway tracks deposit deadlines by state, stores your move-in and move-out documentation, and generates the itemized statement — so you return deposits correctly and on time, every time.