california security deposit deductions are limited to four reasons under Civil Code Section 1950.5(b), no matter what your lease says. The key number in california security deposit deductions is 21 calendar days to get your itemized statement and refund.
What California Security Deposit Deductions Actually Says
Section 1950.5(b) is the heart of california security deposit deductions. It lists the only four purposes a deposit can be used for. Anything outside that list is off limits. For example, a landlord cannot keep your deposit as a “turnover fee” or for routine upgrades between tenants.
Next, Section 1950.5(e) adds firm limits. Your landlord can only claim amounts that are “reasonably necessary.” They cannot charge you for ordinary wear and tear. They also cannot charge for damage that was there before you moved in. As a result, faded paint or carpet worn from normal living is typically not your bill.
Professional carpet cleaning is a common fight. However, the law says a landlord cannot charge for it unless it is truly needed. The test is returning the unit to its move-in condition, minus ordinary wear and tear. In most cases, california security deposit deductions for cleaning must match how clean the unit was when you moved in.
Your letter may cite “1950.5(g)” for the itemized statement. That matches an older lettering of the law. In the current official text, the itemized statement rule is in subdivision (h). Subdivision (g) now covers photos. Either way, the letter points to the same duty: explain all california security deposit deductions in writing.
| Provision | Exact rule | Section |
|---|---|---|
| Allowed deductions | Only 4: unpaid rent; damage beyond ordinary wear and tear; cleaning to move-in level; restoring or replacing items if the lease allows it | 1950.5(b)(1)-(4) |
| Wear and tear | Never deductible, whether it happened before or during your tenancy | 1950.5(e)(2)(A) |
| Deposit cap | 1 month’s rent (2 months for certain small landlords with no more than 2 properties and 4 units); applies to deposits collected on or after July 1, 2024 | 1950.5(c) |
| Pre-move-out inspection | You may request it; no earlier than 2 weeks before move-out; at least 48 hours’ written notice | 1950.5(f) |
| Photos | At move-in for tenancies starting on or after July 1, 2025; at move-out before and after repairs, beginning April 1, 2025 | 1950.5(g) |
| Itemized statement and refund | No later than 21 calendar days after you move out | 1950.5(h)(1) |
| Receipts | Required when repair and cleaning deductions exceed $125; otherwise on request within 14 calendar days | 1950.5(h)(2), (4), (5) |
| Bad-faith penalty | Up to twice the amount of the deposit, plus actual damages | 1950.5(m) |
| “Nonrefundable” deposits | Not allowed in any lease | 1950.5(n) |
Who California Security Deposit Deductions Covers (and Who It Does Not)
Section 1950.5(a) says the law applies to deposits on residential rentals used as the tenant’s home. That includes apartments, houses, and condos you live in. The rules on california security deposit deductions apply whether your landlord is a large company or one person. A commercial space you rent for a business is outside this section.
The law defines “security” broadly. It covers any payment, fee, deposit, or charge collected at the start of your tenancy. The one carve-out named is Section 1950.6. As a result, calling your money a “move-in fee” or “last month’s rent” does not remove it from the rules. Typically, it is still security, and california security deposit deductions from it follow Section 1950.5.
Some California cities have their own deposit rules, such as paying interest on deposits. Those local rules are not in Section 1950.5. Check with your city’s rent or housing office for any extra protections. Local rules can add to your rights, but state limits on california security deposit deductions still apply.
What Your Landlord Must Do Under This Law
Before you move out, your landlord must tell you in writing that you can ask for an initial inspection. If you ask, it happens no earlier than two weeks before you leave. You get at least 48 hours’ written notice. Afterward, the landlord gives you a list of proposed deductions. You can then fix those items to avoid california security deposit deductions for them.
Your landlord must also take photos. For tenancies that began on or after July 1, 2025, photos are required at move-in. Beginning April 1, 2025, photos are required after you move out, before repairs, and again after repairs. These photos must back up any california security deposit deductions for repairs or cleaning.
The statement needs proof. For work the landlord did, it must describe the work, the time spent, and the hourly rate. For outside work, you get a copy of the bill, invoice, or receipt. If repair and cleaning charges total $125 or less, receipts are not automatic. However, you can ask for them within 14 calendar days. The landlord then has 14 calendar days to send them.
This paper trail is how you check california security deposit deductions line by line. Also, if you paid rent or your deposit electronically, your refund typically must come back electronically. It goes to the account you name in writing, unless you both agreed in writing to another method.
What You Can Do When It Is Broken
Start with a calm, written letter. List each charge you dispute and cite Section 1950.5. Ask for the receipts and photos if you did not get them. Keep copies of everything, including your own move-in and move-out photos. Under Section 1950.5(p), a canceled check, receipt, or lease can prove how much you paid.
If that fails, you can file in small claims court. Section 1950.5(o) allows this when your claim fits within the small claims limit. That limit is set in Code of Civil Procedure Sections 116.220 and 116.221. Confirm the current dollar limit with your court’s self-help center before you file.
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In court, the burden is on the landlord. Under Section 1950.5(m), they must prove california security deposit deductions were reasonable. If a judge finds bad faith, you may be able to recover up to twice the deposit, plus actual damages. Also, under Section 1950.5(h)(7), a landlord who fails the statement rules in bad faith cannot claim any of the deposit.
No outcome is guaranteed. However, many tenants in California can recover wrongful california security deposit deductions this way. If you are also facing an eviction, act fast. Contact a local legal-aid office or a tenant attorney right away.
Frequently Asked Questions
Can my landlord charge me to repaint after I lived there for years?
Only if the paint was damaged beyond ordinary wear and tear. Normal fading and light scuffs are wear and tear, and Section 1950.5(e) bars california security deposit deductions for them. Ask for the photos and bills behind any painting charge.
My landlord missed the 21-day deadline. Do I get everything back?
Not automatically. However, Section 1950.5(h)(7) says a landlord who fails the statement rules in bad faith cannot claim any of the deposit. A small claims judge decides whether the california security deposit deductions were made in bad faith.
My lease says the cleaning fee is nonrefundable. Is that legal?
No. Section 1950.5(n) says a lease cannot call any security “nonrefundable.” That money still falls under the four allowed reasons, so your landlord must justify any california security deposit deductions for cleaning.
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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.