How much can a US landlord charge as a security deposit?

It depends entirely on the state. California Civil Code § 1950.5(c) caps the deposit at one month's rent, with a two-month allowance for small landlords who are natural persons or LLCs owned by natural persons holding no more than two residential properties of four or fewer units. New York General Obligations Law § 7-108(1-a)(a) caps it at one month's rent. Texas Property Code § 92.103 sets no cap and regulates only the refund.

What must a US residential lease say about lead paint?

For target housing, 24 CFR § 35.92(b) requires the lease to include, as an attachment or within the contract, the prescribed Lead Warning Statement, the lessor's disclosure of known lead-based paint and hazards, a list of any records or reports provided, and the lessee's signed affirmation of receipt. Under 24 CFR § 35.88(a) the lessor must also supply an EPA-approved pamphlet before the lessee is obligated under the lease.

How quickly must a US security deposit be returned?

New York General Obligations Law § 7-108(1-a)(e) gives the landlord fourteen days after the tenant vacates to provide an itemised statement and return the balance, and forfeits the right to retain any portion if that deadline is missed. Texas Property Code § 92.103 allows 30 days from surrender. California Civil Code § 1950.5 sets its own deadline and requires an itemised statement with the refund.

Residential Lease Agreement in the US

Residential tenancy is state law throughout the United States, and the security deposit clause is where divergence bites hardest: California caps the deposit at one month's rent with a narrow small-landlord exception, New York caps it at one month and forfeits the landlord's right to retain anything if the itemised statement is late, and Texas sets no cap at all but requires refund within 30 days. The one genuinely federal requirement is the lead-based paint disclosure for pre-1978 housing, which must be attached to or contained in the lease itself.

Download the US drafting checklist (.docx)Where to read US law

Governing law

State landlord and tenant statutes govern deposits, habitability, notice and termination. Federal law contributes the lead-based paint disclosure regime for target housing.

Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. § 4852d

What a residential lease agreement has to contain in the US

Every contract to lease target housing must include, as an attachment or within the contract, a prescribed Lead Warning Statement, the lessor's disclosure of known lead-based paint and hazards, a list of any records provided, and the lessee's signed affirmation of receipt.
24 CFR § 35.92(b)
Before the lessee is obligated under the lease, the lessor must provide an EPA-approved lead hazard information pamphlet and disclose known lead-based paint and hazards, including the basis, location and condition of the painted surfaces.
24 CFR § 35.88(a)
In California a landlord may not demand or receive a deposit exceeding one month's rent in addition to first month's rent, with a two-month allowance for a natural person or an LLC whose members are all natural persons owning no more than two residential properties totalling four or fewer units.
Cal. Civ. Code § 1950.5(c)
In New York no deposit or advance may exceed one month's rent for covered dwelling units, and the landlord must provide an itemised statement and return the balance within fourteen days after the tenant vacates or forfeit any right to retain any part of it.
New York General Obligations Law § 7-108(1-a)(a) and (1-a)(e)
Texas sets no statutory cap, but the landlord must refund the deposit within 30 days after the tenant surrenders the premises, and a lease requirement of advance notice of surrender as a condition of refund is effective only if underlined or in conspicuous bold.
Tex. Prop. Code § 92.103

Form, notarisation and registration

In California, a tenancy subject to the statewide just cause rules requires the landlord to give the statutory notice in the lease, as an addendum, or as a written notice signed by the tenant with a copy provided, for any tenancy commenced or renewed on or after 1 July 2020.
Cal. Civ. Code § 1946.2(f)(1)(A)

What catches drafters out

A person who knowingly violates the federal lead disclosure section is jointly and severally liable to the purchaser or lessee for three times the damages incurred, in addition to civil money penalties.
42 U.S.C. § 4852d(b)(3)
Texas landlords may not retain any part of a deposit for normal wear and tear, and must give a written itemised list of all deductions unless the tenant owes rent at surrender and the amount is uncontested.
Tex. Prop. Code § 92.104(b) and (c)