JusticeRights guide · United States

State landlord-tenant law · Fair Housing Act

Housing and renting in the US: deposits, evictions and repairs

Most renting rules come from state law, so deposits, deadlines and penalties change from state to state. Federal law adds a floor against housing discrimination everywhere. Start with the guide that matches what is happening to you.

STATEMostly state law: deadlines and limits differ from state to state, and some cities add more.Checked by the Justice legal team against official sources · Last reviewed

Key points

State law
Each state sets its own deposit rules: how much a landlord can ask for, the deadline to return it and the penalty for keeping it unfairly.
Deadline
After you move out: 21 days in California, 30 in Texas, 14 in New York, and in Florida 15 days, or 30 if the landlord makes a claim.
Money
Keeping a deposit in bad faith can cost a landlord more than the deposit: up to twice it in California and New York, and $100 plus three times the amount kept in Texas.
Free help
Housing discrimination: HUD, 1-800-669-9777, within one year. Deposit disputes: a written demand, then small claims court.

Guides in this area

Short answers, with the law behind them

What are my basic rights as a tenant?

In California, Texas, Florida and New York, the law requires landlords to keep a rental fit to live in, bars retaliation for repair complaints and limits lockouts, and federal law bars housing discrimination everywhere. See Tenant rights: repairs, privacy, retaliation and where to get help. Cal. Civ. Code §§ 1941, 1942.5 · Tex. Prop. Code §§ 92.052, 92.331 · Fla. Stat. §§ 83.51, 83.64 · N.Y. RPL §§ 235-b, 223-b · Fair Housing Act

How much can a landlord charge for a security deposit?

It depends on the state. California and New York cap most deposits at one month's rent, and California lets some small landlords take two months. Texas and Florida set no cap in their deposit statutes. Cal. Civ. Code § 1950.5(c) · N.Y. Gen. Oblig. Law § 7-108(1-a)(a)

How long does a landlord have to return a deposit?

21 days in California, 30 days in Texas and 14 days in New York after you move out. In Florida, 15 days to return it in full, or 30 days to send written notice of a claim. Cal. Civ. Code § 1950.5(h) · Tex. Prop. Code § 92.103 · N.Y. GOL § 7-108(1-a)(e) · Fla. Stat. § 83.49(3)

Can a landlord deduct for normal wear and tear?

Not in California, Texas or New York. Their laws allow deductions for things like unpaid rent and damage, but not for ordinary wear and tear. Cal. Civ. Code § 1950.5(e) · Tex. Prop. Code § 92.104(b) · N.Y. GOL § 7-108(1-a)(b)

Where do I sue to get my deposit back?

Usually small claims court. In California a person can sue there for up to $12,500; in Texas, small claims cases up to $20,000 go to the justice court. Cal. Civ. Code § 1950.5(o) · California Courts · Texas State Law Library

What can I do about housing discrimination?

The Fair Housing Act bars discrimination in renting because of race, color, national origin, religion, sex, disability or familial status. You can report it to HUD within one year of the last incident, and retaliating against you for reporting is illegal. Fair Housing Act · HUD: report housing discrimination

Can I go to court over housing discrimination instead?

Yes. You can file your own lawsuit within two years of the most recent discriminatory act, even if you have already reported it to HUD. Fair Housing Act · HUD: intake and investigation

Where to complain, for free

Office of Fair Housing and Equal Opportunity, HUDDiscrimination in renting or buying a home. Call 1-800-669-9777, and report within one year.New York Attorney GeneralHelp getting a rent security deposit back in New York, through a rent security complaint. Hotline (800) 771-7755.Florida Department of Agriculture and Consumer ServicesIf you object to a landlord's claim on your deposit in Florida, you can file a complaint here or go to court.

Other areas of US law

Police & criminalWork & wagesMoney & debtImmigrationGovernment benefitsConsumer rightsFamily & divorceWills, probate & power of attorneyCourts & lawsuits

Official sources

  1. California Civil Code § 1950.5: security deposits leginfo.legislature.ca.gov
  2. Texas Property Code, Chapter 92, Subchapter C: security deposits statutes.capitol.texas.gov
  3. New York Attorney General: Residential tenants' rights guide ag.ny.gov
  4. New York Assembly: S.6458 of 2019, text of General Obligations Law § 7-108(1-a) nyassembly.gov
  5. Florida Statutes § 83.49 (2026): deposit money or advance rent flsenate.gov
  6. California Courts: Cases for $12,500 or less selfhelp.courts.ca.gov
  7. Texas State Law Library: Small claims cases guides.sll.texas.gov
  8. HUD: Report housing discrimination hud.gov
  9. HUD: The intake and investigation process hud.gov

This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.