Security deposit equal to 3 months' rent
Most states cap deposits at 1–2 months' rent. A 3-month deposit may be illegal — check your state law before paying.
Is this clause in your lease?
Upload your lease and we'll flag this clause (and every other red flag) in 30 seconds — free.
What it actually means
High deposits create a barrier to housing and give landlords leverage. That's why states cap them.
If the lease demands more than state law allows, only the legal maximum is enforceable. You can refuse to pay the excess.
What it looks like in a lease
"Tenant shall pay a Security Deposit equal to three (3) months' Rent upon execution of this Lease."
What to watch for
- State deposit cap
- Whether 'first and last' is included in the cap
How to negotiate it
Cite state law: 'State statute limits deposits to X months' rent. Please revise.'
When it crosses into a red flag
- Exceeds state cap
- No acknowledgment of statutory limit
Frequently asked questions
What if I already paid?
You can sue for the excess. The landlord may also owe penalties for overcharging.
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.
