Home » State Guidelines for Interest on Security Deposits

State Guidelines for Interest on Security Deposits

SherRon Marcek

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Landlords
Interest on Security Deposits,

Do landlords have to pay interest on security deposits? That depends on where the rental property is located. Let’s take a closer look.

A security deposit is any amount of money a tenant pays to a landlord beyond the first month’s rent and other move-in fees. It is usually equal to one month’s rent but could also be higher or lower, depending on the landlord, property, and state. When a tenant pays a security deposit, the landlord or property management company may be required to pay interest on the deposit. The law varies by state, so we advise you to check with your local and state agencies to comply with the law as a landlord. In addition, you should include details of the security deposit interest policy in your lease.

Collecting Interest on Security Deposits: The Basics

In states with no laws requiring landlords to pay interest on security deposits, landlords are not required to do so (although some choose to). In states that do require landlords to pay interest on security deposits, landlords must follow a set of rules—some of which are specific to their region. 

These rules state that interest must be paid on any security deposit or prepaid rent from the beginning of the rental term. As the landlord, you must keep track of how much interest accumulates and give it back when they return the deposit at the end of the tenancy.

If you fail to pay interest on a tenant’s security deposit, then you must return twice as much money when you finally pay it back. For this reason, you need to be up-to-date on all applicable laws in your state to avoid any costly penalties when a resident moves out. 

If you are not sure about the laws in your state, read more below. While each state’s detailed policies are unique, we’ve created an at-a-glance sheet to show you which states require you to collect interest on security deposits and which do not. 

States Without Security Deposit Interest Payment Requirements

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Delaware
  • Georgia
  • Hawaii
  • Idaho
  • Indiana
  • Kentucky
  • Louisiana
  • Maine
  • Michigan
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • North Carolina
  • North Dakota
  • Oklahoma
  • Oregon
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

Some of these states will require you to hold the money in an escrow account or create surety bonds, but they do not require you to pay any accrued interest to your tenants. 

States with Security Deposit Interest Requirements

If you’re renting out a property in any of the following states, you’ll need to place your security deposits into an escrow account that accrues interest. In many cases, you’ll need to pay the interest to your residents monthly or annually. 

  • Connecticut
  • District of Columbia
  • Florida
  • Illinois
  • Iowa
  • Kansas
  • Maryland
  • Massachusetts
  • Minnesota
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio

If you have renters in these states, double-check with your local regulations to learn more about collecting and paying interest on your security deposits. For example, it is only necessary to put the deposit into an interest-bearing account if you are charging more than one month’s rent in Ohio.

Staying Up-to-Date on Local Laws

Each state’s policies regarding interest collection on security deposits vary. While many states require you to place a person’s security deposit into an interest-bearing escrow account, others do not. 

In some cases, you’re required to collect interest, but you can pay it to yourself at the end of the rental period. Alternatively, many states require you to pay the interest to the tenants in a timely, routine manner. 

If you want to avoid any possible fines or violations, stay informed about your area’s local laws. Knowledge is your best friend when managing security deposits—from how you spend and store them to how you must pay them back. 

Some laws may apply to security deposits only over a certain threshold. This may impact how much you decide to charge before a resident moves in.

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**Blog Article Disclaimer*

This blog article is provided for informational purposes only and does not constitute legal advice. The content is intended to offer general information and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.

While we strive to keep the information accurate and up-to-date, laws and regulations are subject to change, and the legal landscape may vary based on jurisdiction. Therefore, we make no representations or warranties regarding the completeness, accuracy, reliability, or suitability of the information contained in this article.

Reading, accessing, or using the information provided in this blog does not create an attorney-client relationship between the reader and the author, and any reliance on the information is at your own risk. If you require legal advice or assistance, it is crucial to consult with a qualified attorney who can consider the specifics of your situation and provide advice accordingly.

The author and the platform disclaim any liability for any loss or damage incurred by individuals or entities as a result of the information presented in this blog. We recommend consulting a legal professional before making decisions or taking action based on the information provided in this article.

This disclaimer is subject to change without notice, and it is the responsibility of the reader to review and understand the disclaimer before relying on the information contained in the blog article.

PayRent is on a mission to build a rent collection app that fosters a positive and productive relationship between renters and landlords. We focus less on transactions and more on the people behind them.

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