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Security DepositMay 27, 2026

Security Deposit Laws by State: A Side-by-Side Comparison of CA, TX, NY, and FL

Return deadlines, penalty provisions, deposit caps, and deduction rules compared across California, Texas, New York, and Florida.

Security deposit law varies dramatically by state. A 21-day deadline in California is not a 30-day deadline in Texas is not a 14-day deadline in New York. Here’s a direct comparison of the four states where Resolvaio currently supports deposit recovery.

Return Deadlines

• New York: 14 days (strictest) • Florida: 15 days (no claim) / 30 days (with claim, by certified mail) • California: 21 days • Texas: 30 days (after written forwarding address received) Texas is the only state where the clock doesn’t start until the tenant provides a written forwarding address. If you moved out of a Texas rental and haven’t provided one, send it now.

Penalty Provisions

• California: Up to 2× the deposit for bad faith (§ 1950.5(l)) • Texas: $100 + 3× the wrongfully withheld amount + attorney’s fees (§ 92.109) • New York: Actual damages + punitive damages at court’s discretion + attorney’s fees • Florida: Forfeiture of claim right if 30-day certified mail notice missed; actual damages + court costs Texas has the strongest monetary penalty. Florida has the strongest procedural penalty (total forfeiture for missing the notice deadline).

Deposit Caps

• California: 1 month’s rent (AB 12, effective July 2024) • New York: 1 month’s rent (HSTPA 2019) • Texas: No cap • Florida: No specific cap (but reasonableness requirement) If your Texas landlord charged 3 months’ rent as a deposit, that’s legal. The stakes in Texas deposit disputes are often higher because the deposit amounts can be larger.

Itemization Requirements

All four states require an itemized statement of deductions: • California: Written itemization + copies of receipts/invoices • Texas: Written description + itemized list • New York: Itemized statement + copies of receipts showing actual costs • Florida: Written notice by certified mail with specific reasons and amounts A landlord who simply withholds the deposit without providing documentation has violated the statute in all four states.

Small Claims Court Limits

• Texas: $20,000 (Justice Court — highest of the four) • California: $10,000 (individuals) / $5,000 (businesses) • Florida: $10,000 (raised from $8,000 in 2024) • New York: $10,000 (NYC) / $5,000 (outside NYC) Filing fees range from $30–$100 across all four states. None require a lawyer.

Unique Features by State

• California: Initial inspection requirement; AB 414 (2026) adds photo documentation • Texas: Forwarding address trigger; no deposit cap; $100 statutory penalty on top of 3× • New York: Shortest deadline (14 days); pet deposits banned; interest-bearing account required (6+ units) • Florida: Certified mail required for claim notice; total forfeiture if missed; two-tier timeline

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This article provides general information about consumer protection statutes. It does not constitute legal advice and does not evaluate specific claims. Statutes may be amended; verify current law with official sources. Consider consulting a licensed attorney for advice about your specific situation.

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