Tenant waives interest on security deposit

Reviewed by Marcus A. Hall, Founder
Worth a closer look
Legal in most places, but pushy — try to negotiate.
Quick answer

Some states require landlords to pay interest on deposits. A waiver may be unenforceable — check local law.

Is this clause in your lease?

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What it actually means

In states that require interest (MA, NJ, CT, and others), you're owed a small annual payment on your deposit.

A lease clause waiving interest doesn't override state law. The landlord still owes it.

What it looks like in a lease

"Tenant waives any right to interest on the Security Deposit."

What to watch for

  • State interest requirements
  • Local ordinances (some cities add requirements)

How to negotiate it

In interest-required states, cite the law. Otherwise, this is a minor issue.

When it crosses into a red flag

  • In interest-required state

Frequently asked questions

How much interest am I owed?

Usually the passbook savings rate — around 0.5–2% annually. Small, but it's yours.

Related state law

Want to know how this works in your specific state? Read the Security deposit laws guide, or pick your state from the guide index.

Related clauses

General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.

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