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How do deposits and leases work?

Renting is governed by state law, and sometimes city law, so the rules depend on where you live. The broad shape is similar everywhere: a security deposit, a written lease and bills you set up yourself.

Last checked 8 Oct 2026·Information, not advice

In 30 seconds

  • Deposit limits range from one month’s rent (New York, Massachusetts, DC, Maryland, California) to two months (Virginia) to no state cap at all (Illinois, Texas, Florida)
  • Unlike the UK, there is no government deposit scheme: the landlord holds the deposit, so record the condition of the home on day one
  • Get renters insurance: the landlord’s policy doesn’t cover your belongings or your liability

Cash to move in

Expect to pay at least the first month’s rent and a security deposit. On a $2,500-a-month home with a one-month deposit, that is $5,000 (about £3,790). In Massachusetts a landlord can also ask for the last month’s rent up front, making $7,500 (about £5,680). The moving fund calculator adds it all up. It uses Zillow median asking rents (6 October 2026), so its figures differ slightly from the Apartment List rents in Finding a place to rent.

Security deposits by state

The deposit protects the landlord against unpaid rent and damage beyond normal wear and tear. There is no national deposit scheme like the UK’s: the landlord or agent holds it, in some states in a separate or interest-bearing account, and must return it, minus itemised deductions, by a deadline.

PlaceMaximum depositReturn deadline after you leave
New YorkOne month’s rent; a landlord can’t take last month’s rent as well14 days, with an itemised statement of any deductions
MassachusettsOne month’s rent (plus first and last month’s rent and a lock fee)30 days; held in a separate interest-bearing account
Washington DCOne month’s rent, in an interest-bearing account45 days: return it with interest or give written notice of deductions
VirginiaTwo months’ rent45 days
MarylandOne month’s rent in most cases45 days, with interest at 1.5% a year or the 1-year Treasury rate if higher
Illinois (Chicago)No state capChicago: 45 days; interest rate for 2026 is 0.01%
TexasNo limit, except in public or subsidised housing30 days, once you’ve given a forwarding address in writing
FloridaNo limit set in the deposit law15 days if nothing is claimed; notice of any claim within 30 days
CaliforniaOne month’s rent since 1 July 2024 (two months for some small landlords)21 days, itemised, with receipts for deductions over $125

Penalties for keeping a deposit wrongly can be steep: in Massachusetts the tenant can be awarded three times the deposit, in Maryland up to three times the amount withheld, and in Chicago twice the deposit. In New York, a landlord who doesn’t give an itemised statement within 14 days must return the whole deposit.

Move-in inspection. Walk round with the landlord or agent if you can, list every mark and take dated photos and video. Email them to the landlord so there is a record. Massachusetts landlords must give you a written statement of condition; elsewhere, make your own. It is your main evidence when you ask for the deposit back.

The lease

A lease is usually for a fixed term, often a year. Read it before you sign, and look for: who pays which utilities, rules on pets and guests, parking and “amenity” fees, how repairs are requested, how much notice you must give, renewal terms and the cost of leaving early. Ask for any spoken promises to be added in writing. If you give notice to leave, check the lease: in Texas, for example, many leases require 30 days’ notice as a condition of getting your deposit back.

Rent increases

Outside rent-regulated homes, landlords in most of the US can raise the rent when the lease ends, with proper notice. Some places limit this:

PlaceRules on rent rises
New York CityAbout 1 million rent-stabilised flats: the Rent Guidelines Board voted on 25 June 2026 to freeze rents on one- and two-year leases. Check rgb.nyc.gov for the lease dates covered
CaliforniaThe state cap (AB 1482) is 5% plus local inflation, or 10%, whichever is lower, for many buildings more than 15 years old. City of Los Angeles rent-stabilised homes: 3% from 1 July 2026 to 30 June 2027. San Francisco has its own rules too
Washington DCRent stabilisation covers many units; the most common exemptions are buildings built after 1975 and small landlords with four units or fewer
Massachusetts, Illinois, Texas, Florida, Virginia, MarylandCheck your city or county: if no local cap applies, compare the renewal offer with listings nearby and negotiate

For renewing, see Renewing your lease.

Renters insurance

Renters insurance covers your belongings against fire, smoke, theft, water damage and other listed events, pays extra living costs if the home becomes uninhabitable, and covers your liability if someone is hurt in your home or you damage someone else’s property. Some leases require it. It is cheap: the average premium was $171 a year in 2022 (about £130), according to the insurance regulators’ association, the NAIC. Floods and earthquakes are not covered by a standard policy and need separate insurance. Make a list of what you own, with values, so you insure enough.

Setting up utilities

Ask the landlord which bills you pay. You usually set up electricity, sometimes gas, and internet yourself, ideally a week before you move in. Water and rubbish collection are often included in apartment buildings.

  • Electricity and gas usually come from the utility that serves your address
  • In much of Texas you choose your own electricity plan: the state’s official comparison site is Power to Choose. Some areas, including Austin, are not open to competition: most Austin homes get power from the community-owned Austin Energy
  • With no US credit history, ask the utility whether a deposit is needed and whether a letter from your employer or a previous supplier avoids it
  • Internet comes from cable, fibre or 5G home providers: see Phone and internet
  • Book a removal firm or a van early if you move on the 1st of the month, when many leases start

What to do next

  1. Check the deposit limit and return deadline for your state
  2. Photograph and video every room on move-in day
  3. Buy renters insurance before you collect the keys

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