California law sets strict limits on security deposits and requires landlords to return them promptly after a tenant moves out. Understanding these rules helps protect your money and gives you clear recourse if your landlord fails to comply.
Under California Civil Code Section 1950.5, security deposits are capped at one month's rent for unfurnished units and two months' rent for furnished units. Landlords cannot charge additional deposits for pets (though they can charge a monthly pet rent), and they cannot require last month's rent in advance on top of the deposit. Any amount collected beyond these limits is unlawful.
California law does not require landlords to hold deposits in a separate account or pay interest (unlike some local jurisdictions). However, the landlord must keep track of the deposit and return it properly. Upon move-out, the landlord has 21 calendar days to return the full deposit or provide an itemized written statement of any deductions along with the remaining balance.
Landlords may deduct for unpaid rent, cleaning required to return the unit to its condition at move-in (beyond normal wear and tear), and repair of damages caused by the tenant. Normal wear and tear — such as minor scuff marks, faded paint, or worn carpet — cannot be deducted. If repairs exceed $125 each, the landlord must provide receipts or good-faith estimates. Tenants have the right to request copies of all receipts.
If your landlord fails to return the deposit or provide an itemized statement within 21 days, you can send a written demand letter. If that does not resolve the issue, you can file a claim in small claims court for up to $12,500. Courts may award up to twice the deposit amount as a penalty if the landlord acted in bad faith. Document the condition of your unit with photos and video at both move-in and move-out.
3 questions answered
For unfurnished units, landlords can charge a maximum of 1 month's rent as a security deposit (since 2024, per AB 12). Furnished units allow up to 2 months. Pet deposits are no longer allowed separately.
21 days after you move out. They must provide an itemized statement of deductions. Failure to do so within 21 days may mean they forfeit the right to any deductions.
Unpaid rent, cleaning costs to restore the unit to move-in cleanliness, and damage beyond normal wear and tear. Landlords cannot charge for routine painting or carpet replacement if you lived there several years.
This guide is for informational purposes only and is not legal advice. For advice specific to your situation, contact a qualified attorney or one of the free legal services listed above.