Deposit laws by state › California
State law · California
California security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: No later than 21 calendar days after the tenant vacates, the landlord must return the deposit or send an itemized statement with the remaining balance.
How long does a landlord have to return a security deposit in California?
- Return deadline
- No later than 21 calendar days after the tenant vacates, the landlord must return the deposit or send an itemized statement with the remaining balance.Cal. Civ. Code § 1950.5(h)(1)
- Itemized list
- The itemized statement, with copies of receipts or invoices and required photographs, is due within the same 21 days.Cal. Civ. Code § 1950.5(h)(1)
Prefer a full page? Use the security deposit deadline calculator.
What happens if a California landlord misses the deadline?
- If the landlord misses it
- A landlord who fails to comply in bad faith may not claim any amount of the deposit. Without bad faith, a late landlord may still try to prove actual damages.Cal. Civ. Code § 1950.5(h)
- Penalty
- If a judge finds the landlord kept the deposit in bad faith, the landlord can owe statutory damages of up to twice the deposit, in addition to actual damages.Cal. Civ. Code § 1950.5(m)
- Burden of proof
- The landlord has the burden of proving the amounts claimed were reasonable.Cal. Civ. Code § 1950.5(m)
Penalties that depend on bad faith or willfulness are possible, not automatic. Only a judge can make that finding.
What can a California landlord deduct from your deposit?
What can be deducted: Unpaid rent; repair of damage caused by the tenant or guests, excluding ordinary wear and tear; cleaning needed to return the unit to its move-in cleanliness; and, if the lease allows, restoring or replacing personal property. Only amounts reasonably necessary. (Cal. Civ. Code § 1950.5(b), (e)(1))
Normal wear and tear: The landlord may not charge for ordinary wear and tear or its effects, whether it happened before or during the tenancy, or for the cumulative effects of ordinary wear across tenancies. (Cal. Civ. Code § 1950.5(e)(2)(A))
Cleaning: Cleaning may be charged only as needed to return the unit to the same level of cleanliness it had at the start of the tenancy. (Cal. Civ. Code § 1950.5(b)(3))
What the itemized list must include: An itemized statement of each deduction, with copies of bills, invoices or receipts for materials and outside work, and for landlord or employee work the time spent and a reasonable hourly rate. Receipts are not required if repair and cleaning deductions total $125 or less. Photos are required for deductions (see the photo rule). A good-faith estimate is allowed only if the work cannot be done within 21 days. (Cal. Civ. Code § 1950.5(g)-(h))
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Is there a limit on security deposits in California?
For deposits collected on or after July 1, 2024, a landlord may not collect a deposit of more than one month's rent. (Cal. Civ. Code § 1950.5(c))
A small landlord (a person, or an LLC whose members are all people, owning no more than two rental properties with no more than four units in total) may collect up to two months' rent, except from a service member.
Deadlines and steps on your side
California also sets rules for tenants. Missing one of these can cost you part of your claim, so check them early.
Photos: For move-outs on or after April 1, 2025, the landlord must photograph the unit after you return possession and before any repair or cleaning it will charge for, and again after the work, and send those photos with the itemized statement. For tenancies starting on or after July 1, 2025, the landlord must also photograph the unit at move-in. A landlord who in bad faith fails to meet these itemized-statement requirements cannot make a claim against the deposit. (Cal. Civ. Code § 1950.5 (as amended by AB 2801, Stats. 2024, ch. 280))
Taking a deposit case to small claims court in California
Small-claims limit: Individuals can sue for up to $12,500 in California small claims. (California small-claims guidance)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
Sample letterSee a California demand letterThe itemized statement came nine days late. A full letter the Demand Letter Companion wrote for a fictional tenant, built on these rules.Read the California letter →What to do if your California landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite California's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
Get a demand letter built on California's rules
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Not sure yet? Check your case free →
Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- Cal. Civ. Code § 1950.5: california.public.law
- California small-claims guidance: sf.courts.ca.gov
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in California.