Security Deposit Laws in California
How long does a landlord have to return a security deposit in California?
Under Cal. Civ. Code § 1950.5, a landlord in California has 21 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.
Important California-specific details
Since AB 12 (effective July 1, 2024), the maximum deposit is 1 month's rent. Exception: small landlords who are natural persons (or LLCs where all members are natural persons) owning no more than 2 residential properties with no more than 4 total units may still charge up to 2 months. AB 2801 (effective April 1, 2025) adds photo documentation requirements for any claimed deductions.
What happens if the landlord misses the deadline in California?
Missing the deadline has real consequences for landlords in California. Under the statute, the penalty is: Up to 2x the deposit amount plus actual damages if bad faith. Small claims court has jurisdiction.
In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 21 days, you likely have a strong case in small claims court.
What can the landlord legally deduct from your deposit in California?
California law generally allows landlords to deduct for:
- Unpaid rent
- Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
- Cleaning costs, if the unit is left noticeably dirtier than at move-in
- Breach-of-lease costs, such as early termination fees where legally permitted
Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.
Calculator: check your deposit situation
Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.
Security Deposit Return Calculator
Find out when your landlord must return your deposit and what they're legally allowed to deduct.
What to do if your landlord won't return your deposit in California
- Send a demand letter by certified mail. Cite Cal. Civ. Code § 1950.5 and the amount owed. Keep a copy and the delivery receipt.
- Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
- File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
- Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.
For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.
California Security Deposit FAQ
- How long does a landlord have to return a security deposit in California?
- In California, landlords must return the security deposit within 21 days of the tenant moving out, per Cal. Civ. Code § 1950.5. They must either return the full deposit or provide an itemized statement of any deductions.
- What is the maximum security deposit a landlord can charge in California?
- In California, the maximum security deposit is 1 month of rent under Cal. Civ. Code § 1950.5.
- What happens if my landlord doesn't return my deposit on time in California?
- In California, the penalty for wrongfully withholding a security deposit is: Up to 2x the deposit amount plus actual damages if bad faith. Small claims court has jurisdiction. You can sue in small claims court to recover the deposit plus the statutory penalty.
- Does my landlord in California have to pay interest on my security deposit?
- No. California does not require landlords to pay interest on security deposits.
- Does my landlord have to itemize deductions from my deposit in California?
- Yes. California law requires landlords to provide an itemized statement of any deductions made from your security deposit.