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California Security Deposit Limits
Maximum deposit: 2 months' rent (unfurnished) or 3 months' rent (furnished). Starting July 1, 2024: 1 month's rent for most landlords.
Statute: Cal. Civ. Code § 1950.5
Full text: Read the law
Return Deadline & Requirements
Landlord must return the deposit or provide an itemized statement of deductions within 21 calendar days after the tenant moves out.
Itemized Statement Required: Landlord must provide an itemized statement listing each deduction, the amount, and receipts for repairs over $126.
Move-Out Inspection
Landlord must offer a pre-move-out inspection. Tenant has the right to be present.
Allowed & Prohibited Deductions
What Landlords CAN Deduct
- Unpaid rent
- Cleaning costs to restore unit to move-in condition
- Repair of damages beyond normal wear and tear
- Costs specified in the lease for restoring personal property or appurtenances
What Landlords CANNOT Deduct
- Normal wear and tear
- Pre-existing damage documented at move-in
- Painting (if tenant lived there 2+ years)
Penalties for Violations
Landlord Penalties: If landlord acts in bad faith, tenant may recover up to 2x the deposit amount plus actual damages.
Where to file: Small Claims Court (up to $12,500)
Interest Requirements
No statewide requirement, but some cities (San Francisco, Los Angeles, Berkeley, Santa Monica, others) require interest on deposits.
How to Get Your California Security Deposit Back
If your landlord is withholding your deposit wrongfully, here's what to do:
- Document everything at move-out — Take photos and video of the unit's condition. Do a walkthrough if your state allows it.
- Provide your forwarding address in writing — Many states don't start the return clock until you provide this.
- Wait for the deadline to pass — Give your landlord the full 21 days required by law.
- Send a demand letter — If the deadline passes without your deposit, send a formal demand letter citing Cal. Civ. Code § 1950.5.
- File in court — If the demand letter doesn't work, file in Small Claims Court (up to $12,500). You may recover additional penalties.
Get Your Security Deposit Back
Create a free demand letter for your California security deposit dispute. Cites CA law automatically.
Create Free Demand LetterFrequently Asked Questions
How long does a landlord have to return a security deposit in California?
California landlords must return the security deposit or provide an itemized statement of deductions within 21 calendar days after the tenant moves out and returns the keys.
What is the maximum security deposit in California?
As of July 1, 2024, most California landlords can only charge 1 month's rent as a security deposit (AB 12). Small landlords with 2 or fewer properties may charge up to 2 months' rent.
Can a California landlord deduct for painting?
Generally no. If the tenant lived in the unit for 2 or more years, the landlord cannot deduct for repainting. Paint is considered normal wear and tear over time.
What can I do if my California landlord won't return my deposit?
Send a demand letter requesting the return of your deposit. If they don't respond, file a claim in small claims court (up to $12,500). California allows tenants to recover up to 2x the deposit if the landlord acted in bad faith.
More Resources: All State Guides | Security Deposit Demand Letter Guide | Demand Letter Templates