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California security deposit law

Source: Cal. Civ. Code § 1950.5 · Checked against the statute

Maximum deposit
One month's rent, furnished or unfurnished (since July 1, 2024). Small landlords may take up to two months: a natural person, or an LLC whose members are all natural persons, owning no more than two residential rental properties with no more than four units total. Service members can't be charged more than one month.
Return deadline
21 days after move-out; 14 days (see details) (Repairs couldn't be finished, or invoices weren't received, within 21 days)
If the landlord keeps it wrongly
Bad-faith retention: actual damages plus statutory damages of up to twice the amount of the deposit (§ 1950.5).

Calculate your California deadline

Choose your state and move-out date to see when your landlord must return the deposit.

When the deposit must be returned

  • Within 21 days after the tenant vacates, send an itemized statement with supporting documents and return any remaining deposit.
  • The landlord may deduct a good-faith estimate, then must send the final statement and documents within 14 days after finishing the repair or receiving the invoices.

The return isn't conditioned on a forwarding address. The statement goes by personal delivery or first-class mail, or by email or mail to an address the tenant provides if the parties agree. Mailings go to the address the tenant provides; if the tenant gives none, they go to the vacated unit. If the tenant paid the deposit or rent electronically, the refund must be returned electronically unless the parties agree in writing otherwise.

Itemized list of deductions

Required: Yes. Itemized statement of each deduction. For deductions over $125, attach copies of bills, invoices, or receipts. Work by the landlord or its employees must show the work done, time spent, and a reasonable hourly rate. Photos must support repair and cleaning deductions. Tenant may request documents within 14 days and the landlord must provide them within 14 days.

What can and can't be deducted

No deductions for ordinary wear and tear, its cumulative effects, or damage that existed before the tenancy. Cleaning only to return the unit to its move-in cleanliness. Professional carpet or other professional cleaning can be charged only if reasonably necessary for that.

Nonrefundable fees

Any payment, fee, deposit, or charge imposed at the start of the tenancy for these purposes counts as 'security' and must follow § 1950.5. The Attorney General states security deposits are refundable. Application screening fees under § 1950.6 are excluded.

Interest, bank account and move-in inspection

  • Interest required: No. No statewide interest requirement. Some cities require it.
  • Separate account required: No. No statewide separate-account requirement.
  • Move-in inspection required: Yes. For tenancies starting on or after July 1, 2025, the landlord must photograph the unit immediately before or at the start of the tenancy. Since April 1, 2025, photos are also required after move-out (before repairs or cleaning) and after the repairs. Before move-out, the landlord must offer an initial (pre-move-out) inspection, held no earlier than two weeks before move-out, that the tenant may attend.

Penalties and bad faith

Bad-faith retention: actual damages plus statutory damages of up to twice the amount of the deposit (§ 1950.5).

The court decides bad faith. The landlord has the burden of proving deductions were reasonable, and a landlord who violates the rules in bad faith isn't entitled to any deductions.

Getting your deposit back in court

Individuals can sue for up to $12,500 in small claims court. Court information

Before filing, many tenants send a written demand first. Write a California demand letter →

City and county rules

  • San Francisco: Landlords must pay yearly simple interest on deposits for nearly all units (4.2% for March 1, 2026 to Feb 28, 2027). No interest if the tenant leaves before one full year; final interest due within two weeks of move-out (S.F. Admin. Code ch. 49).
  • Los Angeles: Units under the Rent Stabilization Ordinance must pay interest on deposits held at least one year; the Rent Adjustment Commission rate for 2026 is 3.03%, or the landlord may pay the actual bank interest earned (LAMC § 151.06.02).

Also good to know

  • Since Jan. 1, 2026 (AB 414), if the tenant paid the deposit or rent electronically, the landlord must return the deposit electronically unless the parties agree in writing to another method. The landlord must tell the tenant in writing about this right.
  • With several adult tenants, the refund check is payable to all adult tenants on the lease unless they agree otherwise in writing.
  • A tenant who ends the lease early under Civ. Code § 1946.7 (abuse or violence, with notice within 180 days) can't be made to forfeit the deposit because of the early termination. The tenant still owes rent for up to 14 days after giving notice.

Sources

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.