There is no single North American limit. California caps security at one month's rent, with two months for some small landlords, and carve-outs for prepaid rent. Florida's deposit statute sets no maximum at all. Ontario allows no damage deposit, only a last-month rent deposit. British Columbia allows half a month's rent each for security and pet damage.
How Much Can a California Landlord Collect?
Since July 1, 2024, Civil Code section 1950.5 has capped security, in its words "however denominated," at one month's rent, on top of first month's rent paid on or before initial occupancy (subdivision (c)(1)). Furnished and unfurnished units are treated alike. Paragraph (1) opens "Except as provided in paragraph (2), (3), or (5)": three carve-outs, not one. Under (c)(5) a small natural-person landlord (or an LLC whose members all are) may collect two months, but not from a service member. Small there means no more than two residential rental properties, four dwelling units or fewer. (c)(2) does not prohibit an advance payment of not less than six months' rent on a lease of six months or longer; (c)(3) covers a fee for tenant-requested alterations. Subdivision (n) forbids calling any security nonrefundable. This version took effect January 1, 2026.
Does Florida Set a Maximum Security Deposit?
No. Florida Statutes section 83.49 (2025 edition, last amended ch. 2025-16) governs where the money sits and when it returns, not how large it is. Subsection (1) requires a separate, uncommingled Florida account (non-interest-bearing, or interest-bearing paying the tenant at least 75 percent of the annualized average rate or 5 percent simple interest), or a surety bond plus 5 percent interest. Subsection (2) requires written notice, in the lease or within 30 days, naming the depository or bond and whether interest is owed; landlords with fewer than five units are excused. Florida's constraint is custody.
What Can You Collect in Ontario and British Columbia?
Ontario is strictest. Section 105(1) of the Residential Tenancies Act, 2006 reads: "The only security deposit that a landlord may collect is a rent deposit collected in accordance with section 106." No damage, pet or cleaning deposit. Section 106(2) caps it at the lesser of one rent period's rent and one month's rent; 106(10) applies it to the last rent period. One carve-out: O. Reg. 516/06, section 17, exempts a refundable key or entry-device deposit no greater than expected replacement cost. Section 135 lets a tenant or prospective tenant ask the Landlord and Tenant Board to order repayment of money collected in contravention of the Act.
British Columbia allows two small deposits. Section 19(1) of the Residential Tenancy Act says a landlord "must not require or accept either a security deposit or a pet damage deposit that is greater than the equivalent of 1/2 of one month's rent payable under the tenancy agreement." A pet damage deposit exists only where the landlord permits a pet (section 18(2)), and 19(2) lets a tenant recover an overpayment. Section 20 allows one security deposit per tenancy agreement, required only when it is entered into.
| Jurisdiction | Maximum | Section read |
|---|---|---|
| California | One month's rent, plus first month's rent; two months for a small natural-person landlord, not for service members; six-plus months' rent in advance on a six-month-or-longer lease | Civ. Code 1950.5(c)(1), (c)(2), (c)(5) |
| Florida | No maximum; custody, interest and notice rules instead | Fla. Stat. 83.49(1), (2) |
| Ontario | Rent deposit only, at the lesser of one rent period and one month's rent; no damage deposit | RTA 105(1), 106(2) |
| British Columbia | Half a month's rent for security, and half a month again for pet damage where pets are allowed | RTA 19(1), 20 |
What Does This Change About Leasing?
Deposit questions arrive in a renter's first message, often at 9pm off a listing, and an answer from memory gets repeated back to you later. LetHub answers rental inquiries in about 30 seconds by text, chat or phone, around the clock. This is information, not legal advice: rules change and municipalities add their own. For the move-out clock, see returning a deposit, or book a demo.
Frequently Asked Questions
What is the maximum security deposit in California?
One month's rent, on top of first month's rent paid at or before move-in, under Civil Code 1950.5(c)(1). Two months under (c)(5) for a small natural-person landlord, though not from a service member. And (c)(2) allows six months' rent or more in advance where the lease runs that long.
Can an Ontario landlord ask for a damage deposit?
No. Section 105(1) of Ontario's Residential Tenancies Act, 2006 permits only a rent deposit under section 106, capped at the lesser of one rent period and one month's rent, and applied to the last rent period. A refundable key deposit at replacement cost is the one exception.
How much can a British Columbia landlord collect?
Under section 19(1) of BC's Residential Tenancy Act, a security deposit and a pet damage deposit are each capped at half of one month's rent, one month in total where pets are permitted. One security deposit per tenancy agreement, required only when it is entered into.
Is there a security deposit limit in Florida?
Florida Statutes section 83.49 sets no ceiling on the amount. It regulates custody instead: the money sits in a separate, uncommingled Florida account or behind a surety bond with the circuit court clerk, and the tenant gets written notice of where it is held.
