California Civil Code 1950.5 is the state law that protects your security deposit when you rent a home in California. Under california civil code 1950.5, your landlord has 21 calendar days after you move out to return your deposit or explain every deduction in writing.
What California Civil Code 1950.5 Actually Says
Think of california civil code 1950.5 as the rulebook for your deposit. It covers almost any money taken at the start of a tenancy as “security.” That includes fees, charges, and advance rent, no matter what the landlord calls them. However, Section 1950.6 handles certain charges separately.
The law also bans calling any deposit “nonrefundable” in a lease. For example, a “nonrefundable move-in fee” still counts as security under california civil code 1950.5. As a result, your landlord must account for it like any other deposit. You can read the full official text on the California Legislative Information website. The current version was last amended by AB 414, effective January 1, 2026.
| Provision | Exact rule | Section |
|---|---|---|
| Deposit cap (most landlords) | 1 month’s rent, plus the first month’s rent | 1950.5(c)(1) |
| Small-landlord exception | Up to 2 months’ rent if the landlord is a natural person (or an LLC whose members are all natural persons) who owns no more than 2 rental properties with no more than 4 units total | 1950.5(c)(5)(A) |
| Service members | The 2-month small-landlord exception does not apply | 1950.5(c)(5)(B) |
| When the cap started | Does not apply to security collected before July 1, 2024 | 1950.5(c)(6) |
| Allowed deductions | Unpaid rent; damage beyond ordinary wear and tear; cleaning back to move-in condition; restoring or returning property if the lease allows | 1950.5(b)(1)-(4) |
| Move-in photos | Required for tenancies that begin on or after July 1, 2025 | 1950.5(g)(1) |
| Move-out photos | Required since April 1, 2025, before and after repairs or cleaning | 1950.5(g)(2) |
| Return deadline | 21 calendar days after you move out | 1950.5(h)(1) |
| Receipts required | When repair and cleaning deductions total more than $125 | 1950.5(h)(2), (h)(4) |
| Bad-faith penalty | Up to twice the deposit, plus actual damages | 1950.5(m) |
| “Nonrefundable” deposits | Not allowed in any lease | 1950.5(n) |
Who California Civil Code 1950.5 Covers (and Who It Does Not)
California civil code 1950.5 applies to residential property used as the tenant’s home. In most cases, that means apartments, houses, condos, and other homes you rent to live in. It does not cover commercial space, like a store or office.
There are a few exceptions to the deposit cap. For example, a landlord may take 6 or more months of rent in advance if the lease is 6 months or longer. Small landlords who meet the ownership test above may charge up to two months’ rent. However, they cannot use that exception if you are a service member. They also cannot refuse to rent to you because of it.
Service members get one more protection under california civil code 1950.5. Since April 1, 2025, a landlord who charges you a higher deposit because of your credit or rental history must explain why in writing. The extra amount must come back after no more than six months if you are current on rent. Some California cities also have their own deposit rules. Check with your local housing or rent office to confirm what applies where you live.
What Your Landlord Must Do Under This Law
First, your landlord holds the deposit for you. Your claim to that money comes before any claim by the landlord’s creditors. Before you move out, your landlord must tell you in writing that you can ask for an initial inspection. You also have the right to be there.
That inspection can happen no earlier than two weeks before your move-out date. Typically, your landlord must give at least 48 hours of written notice. Afterward, you get a written list of problems they plan to deduct for. You can then fix those problems before you leave. As a result, california civil code 1950.5 generally bars deductions for items missing from that list. Exceptions include damage hidden by your belongings or damage that happens after the inspection.
How you get the money matters too. If you paid rent or the deposit electronically, your landlord typically must return it electronically to an account you name in writing. Otherwise, it comes by personal delivery or a check sent by first-class mail. If repairs take longer than 21 days, your landlord may deduct a good-faith estimate. However, they must send the final paperwork within 14 calendar days after the work is done.
Under california civil code 1950.5, any deductions for repairs or cleaning must also come with the required photos.
What You Can Do When It Is Broken
Start by writing down your move-out date and the date you gave your forwarding address. Then send your landlord a short, polite letter asking for your deposit. Mention california civil code 1950.5 and the 21-day deadline. Keep a copy of everything you send.
If that does not work, you may be able to sue in small claims court. The dollar limit is set by Code of Civil Procedure Sections 116.220 and 116.221. Confirm the current limit with your local court’s self-help center. You can prove your deposit with a canceled check, a receipt, your lease, or a sworn statement. In court, your landlord has to prove that the deductions were reasonable.
Bad faith carries real consequences under california civil code 1950.5. A landlord who keeps a deposit in bad faith may owe up to twice the deposit, plus your actual losses. A landlord who fails the statement rules in bad faith also loses the right to keep any of it. If you are also facing an eviction, contact a local legal-aid office or tenant attorney right away.
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Frequently Asked Questions
How long does my landlord have to return my deposit in California?
Under california civil code 1950.5, your landlord has 21 calendar days after you move out. By then, you must get your money back, an itemized statement of deductions, or both.
Can my landlord charge me for professional carpet cleaning?
Only if it is reasonably necessary to return the unit to its move-in condition. Normal wear and tear is not your responsibility. In most cases, a standard carpet cleaning fee for ordinary use is not allowed.
What happens to my deposit if my landlord sells the building?
The old landlord must either transfer your deposit to the new owner and notify you, or return it to you with an accounting. If they do neither, california civil code 1950.5 makes the new owner share responsibility for repaying you.
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Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
California Renter Guides
- California Eviction Process
- California Tenant Rights
- California Security Deposit Law
- California Rent Increase Laws
- California Repairs and Habitability
- Breaking a Lease in California
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.