✓ Law Verified June 2026
This guide explains california security deposit law in plain English — how much your landlord can charge, when they must return it, what they can and cannot deduct, and what to do if they do not give it back. All figures are from California law, verified as of June 2026.
In This California Guide:
California Security Deposit Rules at a Glance
| Maximum deposit | 1 month’s rent for most landlords (effective July 1, 2024, under AB 12). Small landlords who own no more than 2 rental properties totaling 4 or fewer units (held as a natural person, LLC of natural persons, or family trust) may charge up to 2 months’ rent. For active-duty military service members, the cap is always 1 month’s rent regardless of landlord size. Pet deposits, last month’s rent, and all other advance payments count toward this cap. |
| Return deadline | 21 calendar days after the tenant vacates and returns possession of the unit. Weekends and holidays count toward the deadline. |
| Itemized deductions required | YES. Under Civil Code 1950.5(g), the landlord must provide a written itemized statement specifying each deduction, the nature of the damage or charge, and the cost. If total deductions exceed 125 dollars, the landlord must attach copies of receipts or invoices. For work done by the landlord or their employee, the statement must include a description of the work, the time spent, and the hourly rate charged. For outside vendors, the landlord must include the bill, invoice, or receipt and the vendor’s contact information. |
| Interest on deposit required | NO under California state law. However, several cities with rent control ordinances require landlords to pay interest on security deposits, including Los Angeles, San Francisco, Berkeley, West Hollywood, Santa Cruz County, and others. Tenants should check with their local city or county for any local interest requirements. |
| Penalty for late/bad-faith return | If the landlord fails to return the deposit or provide an itemized statement within 21 days, many tenants can sue in small claims court. If the court finds the landlord withheld the deposit in bad faith, the tenant may be awarded up to twice the amount of the security deposit as a penalty, in addition to the actual amount wrongfully withheld. Tenants may sue for up to 12500 in small claims court without needing an attorney. |
Move-in/move-out walkthrough: YES, if the tenant requests it. Under Civil Code 1950.5(f), the landlord must notify the tenant in writing of their right to request an initial pre-move-out inspection. If the tenant requests one, the inspection must occur no earlier than 2 weeks before the end of the tenancy.
The landlord must give at least 48 hours’ written notice of the inspection date and time. During the inspection, the landlord must provide an itemized list of proposed deductions, giving the tenant an opportunity to fix identified issues before final move-out to avoid deductions.
Separate deposit account: NO under California state law. Landlords are not required to hold the deposit in a separate or interest-bearing account at the state level. However, some cities with rent control ordinances (such as San Francisco, Los Angeles, and Berkeley) may impose additional requirements. Tenants should check local ordinances.
What Your Landlord Can and Cannot Deduct in California
California Civil Code 1950.5 limits deductions to four categories: (1) unpaid rent, (2) cost of repairing damage caused by the tenant beyond ordinary wear and tear, (3) cleaning necessary to restore the unit to the same level of cleanliness it was in at the beginning of the tenancy, and (4) replacement of personal property items specifically identified in the lease as furnished by the landlord that the tenant agreed to return.
Landlords may not deduct for normal wear and tear or for repainting or replacing carpets due to ordinary aging.
Normal wear and tear vs damage: Normal wear and tear is the natural, gradual deterioration of a rental unit resulting from reasonable, ordinary, everyday use over time. Examples include small nail holes from hanging pictures, minor scuffs on walls, faded paint, worn carpet from foot traffic, and slightly dirty blinds.
Tenant damage, which CAN be deducted, includes large holes in walls, broken windows, torn window screens, pet stains or odors, burn marks, unauthorized alterations, and damage caused by negligence, carelessness, accident, or abuse.
How to Get Your Deposit Back in California
Step 1: Send a written demand letter to the landlord via certified mail, stating the deposit amount paid, the date of move-out, the amount you believe should be returned, the legal basis under Civil Code 1950.5, and a deadline to respond (typically 10 to 14 days).
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Step 2: If the landlord does not respond or refuses, you may file a claim in California small claims court for up to 12500 (no attorney needed).
Bring copies of your lease, move-in/move-out photos, the landlord’s itemized statement (if any), your demand letter, and any receipts. Step 3: If the court finds the landlord acted in bad faith, you may be awarded up to twice the deposit amount in additional damages. Many tenants also contact local tenant rights organizations or legal aid for free assistance.
Other California deposit rules: (1) AB 12 (effective July 1, 2024) reduced the maximum deposit from 2 months (unfurnished) or 3 months (furnished) down to 1 month for most landlords, with the small-landlord exception noted above. (2) AB 414 (effective January 1, 2026) modernized deposit return procedures, allowing electronic payment of refunds and digital delivery of itemized statements, and addressing situations with multiple tenants on a single lease.
(3) Existing leases with higher deposits signed before July 1, 2024 remain valid, but any new lease, renewal, or material modification triggers the new 1-month cap.
(4) California prohibits nonrefundable deposits — any deposit labeled nonrefundable is still subject to the same return rules under Civil Code 1950.5. (5) Some California cities (San Francisco, Los Angeles, Berkeley, Santa Monica, West Hollywood, Oakland, and others) have additional local tenant protections including interest requirements and stricter rules — tenants should always check with their local rent board or city hall.
Your landlord’s insurance won’t cover your stuff
Renters insurance protects your belongings for a few dollars a month.
You May Also Like
Official California Sources & Resources
- California Attorney General: https://oag.ca.gov/tenants
- California Security Deposit Statute: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1950.5&lawCode=CIV
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding California Security Deposit Law
Your California security deposit is your money until the landlord proves a lawful deduction. California security deposit law sets clear limits on how much can be charged, what can be deducted, and when the balance must be returned. If your landlord misses the California security deposit return deadline or takes deductions that are not allowed, you may be entitled to penalties.
Document the condition of your unit at move-in and move-out — photos are the best protection for your California security deposit.
This California security deposit guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.