Lease Agreement Requirements by State: Rules for the 10 Most-Searched States (2026)
Lease laws vary dramatically across states. California caps deposits at 1 month while Texas has no limit. New York requires deposit return within 14 days while most states allow 30. This guide covers the specific rules for the 10 most-searched states with statute citations for every requirement.
Updated 10 April 2026
State Laws Change Frequently
Recent major changes include California AB 12 and AB 2801 (deposit limits and documentation), New York HSTPA (deposit caps and good cause eviction), and evolving local ordinances across many cities. Always verify current requirements with your state housing authority.
Quick Comparison Table
| State | Deposit Limit | Return Days | Interest | Late Fee Cap | Notice Period |
|---|---|---|---|---|---|
| California | 1 month (AB 12, eff. July 2024) | 21 days | No statewide; yes in some cities (LA, SF) | No statutory cap; must be reasonable | 30 days (<1 yr) / 60 days (1+ yr) |
| Texas | No statutory limit | 30 days | No | No cap; must be reasonable | 30 days (month-to-month) |
| Florida | No statutory limit | 15 days (no claim) / 30 days (with claim) | Yes, or surety bond | No cap; must be reasonable | 15 days (monthly) / 7 days (weekly) |
| New York | 1 month (HSTPA 2019) | 14 days | Yes (6+ units) | $50 or 5%, whichever is less | 30/60/90 days (by length) |
| Illinois | No statewide limit (Chicago: 1.5 mo) | 30 days | Yes (Chicago) | Chicago: $20 or 5% | 30 days (month-to-month) |
| Pennsylvania | 2 months (1st yr) / 1 month (after) | 30 days | Yes (after 2 years in escrow) | No statutory cap | 15 days (<1 yr) / 30 days (1+ yr) |
| Ohio | No statutory limit | 30 days | No | No statutory cap | 30 days (month-to-month) |
| Georgia | No limit (private landlords) | 30 days | No | No statutory cap | 60 days (month-to-month) |
| North Carolina | 1.5 mo (monthly) / 2 mo (longer) | 30 days | No (trust account required) | $15 or 5%, whichever is greater | 7 days (weekly) / 30 days (monthly) |
| Michigan | 1.5 months rent | 30 days | No | No statutory cap | 30 days (month-to-month) |
California
Security Deposit Rules
AB 12 (effective July 2024) reduced the security deposit cap to 1 month's rent for all residential properties, regardless of furnished status. Previously, the limit was 2 months unfurnished or 3 months furnished. Deposits must be returned within 21 days (Civil Code Section 1950.5) with an itemized statement. AB 2801 (effective January 2026) requires landlords to include photographs documenting damage when making deductions. Failure to comply allows tenants to recover the full deposit plus damages.
Late Fee Rules
California does not set a specific dollar cap, but courts require late fees to be "reasonably related" to the landlord's actual costs from late payment. Courts have generally upheld fees of 5-6% of monthly rent. Excessive fees (10%+) are routinely struck down. Grace periods are not mandated by state law but are recommended.
Required Disclosures
| Disclosure | Statute |
|---|---|
| Lead paint (pre-1978) | 42 U.S.C. Section 4852d |
| Mold | Health & Safety Code Section 26147 |
| Bed bugs | Civil Code Section 1954.603 |
| Sex offenders (Megan's Law) | Civil Code Section 2079.10a |
| Flood zone | Government Code Section 8589.45 |
| Demolition plans | Civil Code Section 1940.6 |
| Military ordnance locations | Civil Code Section 1940.7 |
Notice Periods
Termination: 30 days for tenancies under 1 year, 60 days for 1+ year (Civil Code Section 1946.1). Rent increase: 30 days for increases of 10% or less, 90 days for increases above 10%. Entry: 24 hours written notice (Civil Code Section 1954). AB 1482 limits annual rent increases to 5% plus local CPI (max 10%) for covered properties.
Eviction Overview
3-day notice to pay or quit for non-payment. 3-day notice to cure for lease violations. No-fault terminations under AB 1482 require 60 days notice and relocation assistance (1 month's rent). Unlawful detainer proceedings typically take 5-8 weeks. Legal aid is widely available for tenants.
What Your Lease Must Include in California
- Deposit amount and 21-day return timeline
- All 7 required disclosures
- AB 1482 rent increase limits (if applicable)
- 24-hour entry notice
- AB 2801 photo documentation procedures
Texas
Security Deposit Rules
Texas has no limit on deposit amounts. Deposits must be returned within 30 days of the tenant vacating and providing a forwarding address (Property Code Section 92.103). Landlords must provide an itemized list of deductions. Failure to comply may result in liability for up to 3x the wrongfully withheld amount plus $100 in attorney's fees.
Late Fee Rules
No statutory cap. Courts accept 5-10% as reasonable. The lease must specify the fee amount. Property Code Section 92.019 requires the landlord to wait at least 2 days after the due date before charging a late fee.
Required Disclosures
| Disclosure | Statute |
|---|---|
| Lead paint (pre-1978) | 42 U.S.C. Section 4852d |
| Flood zone / prior flooding | Property Code Section 92.0135 |
Notice Periods
Termination: 30 days for month-to-month (Property Code Section 91.001). No state requirement for rent increase notice (Texas prohibits local rent control). Entry: no statutory notice, 24 hours recommended.
Eviction Overview
3-day notice to vacate for non-payment (Property Code Section 24.005). Hearing within 10-21 days of filing. 5-day appeal period. Total: 3-6 weeks. Among the fastest eviction processes nationwide. Landlords not required to accept partial payments.
What Your Lease Must Include in Texas
- Written late fee amount
- Deposit return procedures
- Flood zone disclosures
- Lock change provisions (Property Code Section 92.0081)
Florida
Security Deposit Rules
Deposits must be held in a separate Florida banking institution: non-interest-bearing account, interest-bearing account, or surety bond (Florida Statutes Section 83.49). Interest-bearing accounts: landlords pay 75% of the annualized average interest rate or 5% simple interest. Return within 15 days (no deductions) or 30 days (with written notice of deductions). Tenants have 15 days to object.
Late Fee Rules
No statutory cap. Courts evaluate reasonableness case-by-case. Standard practice: 5-10%. Daily late fees of $5-$10 have been upheld in addition to flat fees. The lease must specify the amount and trigger.
Required Disclosures
| Disclosure | Statute |
|---|---|
| Lead paint (pre-1978) | 42 U.S.C. Section 4852d |
| Radon gas | Florida Statutes Section 404.056(5) |
| Fire protection (3+ stories) | Florida Statutes Section 83.50 |
Notice Periods
Termination: 15 days monthly, 7 days weekly (Section 83.57). Rent increases cannot occur during a fixed term. Entry: 12 hours reasonable notice (Section 83.53).
Eviction Overview
3-day notice to pay or vacate for non-payment (Section 83.56). 7-day notice to cure for violations. Proceedings take 2-4 weeks. Tenants must deposit disputed rent into the court registry.
What Your Lease Must Include in Florida
- Deposit holding method (account type or bond)
- Interest terms on deposits
- Radon disclosure (statutory language)
- 12-hour entry notice
New York
Security Deposit Rules
The Housing Stability and Tenant Protection Act of 2019 capped all deposits at 1 month's rent, eliminated "last month's rent" as deposit, and prohibited pet/key deposits. Return within 14 days with itemized statement (General Obligations Law Section 7-108). Buildings with 6+ units: interest-bearing accounts required. Failure to return within 14 days forfeits the right to claim deductions.
Late Fee Rules
Capped at $50 or 5% of monthly rent, whichever is less (Real Property Law Section 238-a). Cannot apply until rent is 5+ days overdue. One of the strictest caps nationally. On $2,000 rent: max $50 late fee.
Required Disclosures
| Disclosure | Statute |
|---|---|
| Lead paint (pre-1978) | 42 U.S.C. Section 4852d |
| Bed bug history | NYC Admin Code Section 27-2018.1 |
| Sprinkler system | RPL Section 231-a |
| Window guards (kids under 10) | NYC Health Code Section 131.15 |
| Smoke/CO detectors | NYC Admin Code Section 27-2045 |
| Flood zone | RPL Section 231-b |
Notice Periods
Termination: 30 days (<1 yr), 60 days (1-2 yrs), 90 days (2+ yrs) (RPL Section 226-c). Same periods for rent increases. Entry: no statutory minimum; 24 hours is standard practice.
Eviction Overview
14-day notice to pay for non-payment. Housing Court proceedings: 2-6 months. NYC tenants have right to counsel (Intro 214-B). Good Cause Eviction (statewide, April 2024) limits evictions of tenants with 1+ year occupancy. Among the slowest eviction processes nationally.
What Your Lease Must Include in New York
- Deposit max 1 month
- 14-day return commitment
- All 6 NYC disclosures
- Late fee not exceeding $50 or 5%
- Notice periods per tenancy length
Illinois
Security Deposit Rules
No statewide limit. Chicago RLTO caps deposits at 1.5 months' rent. Return within 30 days. Chicago landlords must pay interest and provide receipts. Non-compliance with RLTO allows tenants to recover 2x the deposit plus attorney's fees. Similar ordinances in Evanston, Urbana, and other cities.
Late Fee Rules
No statewide regulation. Chicago RLTO: $20/month for rent under $1,000; 5% for rent above $1,000. Late fees cannot apply until rent is 5 days overdue. Outside Chicago: must be reasonable.
Required Disclosures
| Disclosure | Statute |
|---|---|
| Lead paint (pre-1978) | 42 U.S.C. Section 4852d |
| Radon | 420 ILCS 46 (Radon Awareness Act) |
| Code violations (Chicago) | Chicago RLTO Section 5-12-100 |
| Utility billing | 765 ILCS 740 |
Notice Periods
Termination: 30 days for month-to-month (735 ILCS 5/9-207). Chicago RLTO requires 2 days notice for non-emergency entry. Statewide: no statutory entry notice.
Eviction Overview
5-day notice to pay or quit (735 ILCS 5/9-209). 10-day notice to cure for violations. Cook County (Chicago): 4-8 weeks. Just Cause for Eviction Ordinance affects certain Chicago buildings.
What Your Lease Must Include in Illinois
- Chicago RLTO compliance (if applicable)
- Deposit interest terms
- Radon disclosure
- Code violation history (Chicago)
- Utility billing method
Pennsylvania
Security Deposit Rules
First year: max 2 months' rent. After first year: max 1 month, landlord must refund excess. Return within 30 days (68 Pa.C.S. Section 250.512). After 2 years, deposits must be in an interest-bearing escrow account; interest (minus 1% admin fee) paid to tenant annually. Failure to return within 30 days: tenant can recover double.
Late Fee Rules
No statutory regulation. Courts apply reasonableness test. Standard: 5-10%. Philadelphia may impose additional requirements under its Fair Practices Ordinance.
Required Disclosures
| Disclosure | Statute |
|---|---|
| Lead paint (pre-1978) | 42 U.S.C. Section 4852d |
| Municipality of property | 68 Pa.C.S. Section 250.512b |
Notice Periods
Termination: 15 days (leases under 1 year), 30 days (1+ year) (68 Pa.C.S. Section 250.501). Entry: no statutory requirement; reasonable notice expected.
Eviction Overview
10-day notice to quit for non-payment. Filed in Magisterial District Court; 2-4 weeks typical. Appeals to Court of Common Pleas. Philadelphia has eviction diversion programs and the Renters' Access Act.
What Your Lease Must Include in Pennsylvania
- Deposit within year-specific limits
- Interest on deposits after 2 years
- Notice period matching lease duration
Ohio
Security Deposit Rules
No limit on amounts. Return within 30 days with itemized deductions (ORC Section 5321.16). Failure: tenant can sue for full deposit plus damages plus attorney's fees.
Late Fee Rules
Not regulated by statute. Lease governs. Must be reasonable. Standard: 5-10%.
Required Disclosures
| Disclosure | Statute |
|---|---|
| Lead paint (pre-1978) | 42 U.S.C. Section 4852d |
| Landlord name and address | ORC Section 5321.18 |
Notice Periods
Termination: 30 days (ORC Section 5321.17). Entry: 24 hours reasonable notice (ORC Section 5321.04). Rent increase: 30 days for month-to-month.
Eviction Overview
3-day notice to leave for non-payment (ORC Section 1923.04). 30-day notice for violations. Municipal Court; 3-5 weeks. Partial rent not required to be accepted.
What Your Lease Must Include in Ohio
- Landlord name and address (statute)
- Deposit return procedures
- 30-day termination notice
- 24-hour entry policy
Georgia
Security Deposit Rules
No limit for private landlords. Return within 30 days with itemized deductions (O.C.G.A. Section 44-7-34). Landlords with 10+ units must place deposits in escrow and provide bank name/location within 30 days of receipt.
Late Fee Rules
Not capped by statute. Must be in writing. Standard: 5-10%.
Required Disclosures
| Disclosure | Statute |
|---|---|
| Lead paint (pre-1978) | 42 U.S.C. Section 4852d |
| Authorized agents | O.C.G.A. Section 44-7-3 |
| Move-in inspection (3 business days) | O.C.G.A. Section 44-7-33 |
Notice Periods
Termination: 60 days for month-to-month (O.C.G.A. Section 44-7-7), one of the longest nationally. Entry: no statutory requirement; reasonable notice expected.
Eviction Overview
Demand for possession, then dispossessory affidavit in Magistrate Court. Tenant has 7 days to answer. Default judgment if no response. Uncontested: 2-4 weeks. Contested: 4-8 weeks.
What Your Lease Must Include in Georgia
- Move-in inspection within 3 business days
- Authorized agent disclosure
- Escrow info (10+ units)
- 60-day termination notice
North Carolina
Security Deposit Rules
1.5 months for month-to-month; 2 months for longer leases (N.C. Gen. Stat. Section 42-51). Must be held in trust account at a licensed NC bank. Return within 30 days. Pet deposits are separate and not subject to the cap.
Late Fee Rules
Specific statute: $15 or 5% of monthly rent, whichever is greater, but only after rent is 5+ days late (Section 42-46). This creates a mandatory 5-day grace period.
Required Disclosures
| Disclosure | Statute |
|---|---|
| Lead paint (pre-1978) | 42 U.S.C. Section 4852d |
Notice Periods
Termination: 7 days weekly, 30 days monthly (Section 42-14). Entry: no statutory requirement. Rent increase: no specific notice beyond termination period.
Eviction Overview
10-day notice to pay or quit. Small Claims Court (District Court for amounts over $10,000). 2-4 weeks typical. Lease can include prevailing party attorney's fees clause.
What Your Lease Must Include in North Carolina
- Deposit within statutory limits
- Trust account for deposit
- Late fee per Section 42-46
- Pet deposit terms (separate from security deposit)
Michigan
Security Deposit Rules
Capped at 1.5 months' rent (MCL Section 554.602). Return within 30 days. Within 4 business days of move-in, landlord must provide a detailed inventory checklist (MCL Section 554.608). Without this checklist, the landlord cannot claim deductions. One of the strictest move-in documentation requirements in the country.
Late Fee Rules
Not regulated by statute. Must be reasonable. Standard: 5-10%.
Required Disclosures
| Disclosure | Statute |
|---|---|
| Lead paint (pre-1978) | 42 U.S.C. Section 4852d |
| Landlord/agent name and address | MCL Section 554.608 |
| Inventory checklist at move-in | MCL Section 554.608 |
Notice Periods
Termination: 30 days if lease is silent (MCL Section 554.134). Entry: no statutory notice; reasonable notice recommended. Rent increase: 30 days for month-to-month.
Eviction Overview
7-day notice to quit for non-payment. 30-day notice for violations. District Court; 2-4 weeks. Landlords must store tenant's personal property for 30 days after eviction.
What Your Lease Must Include in Michigan
- Deposit within 1.5 month limit
- Inventory checklist within 4 business days
- Landlord/agent name and address
- Property storage obligation after eviction
Other States
The 40 states not detailed above follow similar general principles: deposits must be returned within a reasonable period (typically 14-45 days), late fees must be reasonable, and lead paint disclosure is required for all pre-1978 properties. However, specific limits, required disclosures, and procedures vary. Check your state's landlord-tenant statute or contact your state housing authority for exact requirements.