California Security Deposit Laws
Complete guide to security deposit rules, deadlines, and tenant rights in California.
21
Days to Return
One month's rent
Max Deposit
Yes
Itemization Required
Up to 2x (bad faith penalty)
Potential Penalty
Security Deposit Return Deadline
Landlords have 21 calendar days from the date the tenant vacates to return the security deposit or provide an itemized statement of deductions.
Legal Reference: CA Civil Code 1950.5(g)
Maximum Security Deposit
As of July 1, 2024 (AB 12), security deposits are generally limited to one month's rent for most landlords. Small landlords with 1-2 properties may charge up to two months' rent, unless the tenant is an active military service member.
Legal Reference: CA Civil Code 1950.5(c)
Penalties for Violations
Up to 2x (bad faith penalty)
If a landlord retains a deposit in bad faith, tenants may be entitled to recover up to twice the amount of the security deposit in addition to the actual damages.
Legal Reference: CA Civil Code 1950.5(l)
What is Normal Wear and Tear?
Landlords generally cannot charge tenants for normal wear and tear. Examples typically include:
- ✓Faded paint or wallpaper due to sunlight exposure
- ✓Carpet worn thin from normal foot traffic
- ✓Minor scuffs or scratches on walls
- ✓Small nail holes from hanging pictures (reasonable number)
- ✓Worn or slightly dirty carpet (professional cleaning not automatically required)
- ✓Minor appliance wear from normal use
Landlord Obligations
- 1Return deposit or itemized statement within 21 days
- 2Provide receipts for deductions over $125
- 3Offer a pre-move-out inspection upon request
- 4Provide photo documentation of damages (AB 2801, effective 2025/2026)
- 5Apply depreciation to charges (cannot charge full replacement for old items)
- 6Hold deposit in California financial institution
Tenant Rights
- ✓Request a pre-move-out inspection at least 2 weeks before move-out
- ✓Receive an itemized statement of all deductions
- ✓Receive copies of receipts or invoices for repairs over $125
- ✓Sue in small claims court for wrongful deposit retention (up to $12,500)
- ✓Recover up to 2x deposit amount if bad faith is proven
- ✓Interest may be required in some cities (e.g., San Francisco, Los Angeles)
Common Landlord Violations
These are issues that tenants frequently encounter with security deposits in California:
- !Missing the 21-day deadline (automatic forfeiture of deduction rights)
- !Charging for normal wear and tear
- !Not providing itemized deductions
- !Not offering pre-move-out inspection
- !Failing to provide receipts for repairs over $125
- !Charging full replacement cost without depreciation
- !Flat cleaning fees (generally prohibited)
Frequently Asked Questions
How long does a landlord have to return my deposit in California?
In California, landlords have 21 calendar days from when you vacate to return your deposit or provide an itemized statement of deductions. This deadline is strictly enforced.
What can a California landlord deduct from my security deposit?
Landlords can deduct for: unpaid rent, cleaning costs to restore the unit to its move-in condition, and repairs for damages beyond normal wear and tear. They cannot deduct for normal wear and tear or pre-existing conditions.
What is the maximum security deposit in California?
As of 2024, most landlords can only charge one month's rent as a security deposit. Small landlords (1-2 properties) may charge up to two months' rent, unless the tenant is an active military member.
What happens if my landlord doesn't return my deposit on time?
If your landlord fails to return your deposit or provide an itemized statement within 21 days, they may forfeit their right to keep any of it. You can sue in small claims court and potentially recover up to 2x the deposit amount.