California security deposit law

Security Deposit Laws in California: What Your Landlord Can and Cannot Keep

Your landlord has 21 days under California law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

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California security deposit return timeline

Deadline to return

21 days

Statute

Cal. Civ. Code § 1950.5 (deadline at § 1950.5(h)(1); photos at (g); penalty at § 1950.5(m))

No later than 21 calendar days after the tenant has vacated, the landlord must furnish an itemized statement of the basis for and amount of any deductions AND return any remaining portion (§ 1950.5(h)(1)). Both obligations share the same 21-day clock. NARROW EXCEPTION: if a repair cannot reasonably be completed within 21 days, or third-party invoices are not yet in the landlord's possession, the landlord may deduct a good-faith estimate and provide it with the itemized statement, then furnish actual documentation within 14 calendar days of completing the repair or receiving the documents (§ 1950.5(h)(3)). Where a deduction is for repairs or cleaning, the itemized statement must be accompanied by the photographs required under subdivision (g) plus a written explanation of cost (§ 1950.5(h)(2)(D)). Photo rules phased in under AB 2801: move-out photos before repairs/cleaning and again after, required from April 1 2025; move-in photos for tenancies beginning on or after July 1 2025. If the landlord received the deposit or rent electronically, the remainder must be returned electronically to an account the tenant designates in writing, unless the parties agree otherwise in writing (§ 1950.5(h)(1)(A)(ii), added by AB 414).

What can a landlord legally deduct in California?

Allowed

  • ✓Unpaid rent (tenant's default in the payment of rent)
  • ✓Repair of damages to the premises caused by the tenant or the tenant's guest or licensee, exclusive of ordinary wear and tear
  • ✓Cleaning necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy
  • ✓Restoring, replacing or returning personal property or appurtenances, exclusive of ordinary wear and tear, if the rental agreement authorizes it

Not allowed

  • ✗Ordinary wear and tear and its cumulative effects, whether it preexisted or arose during the tenancy
  • ✗Damage or defective conditions that preexisted the tenancy
  • ✗Professional carpet cleaning or other professional cleaning services, unless reasonably necessary to return the premises to its condition at inception exclusive of ordinary wear and tear
  • ✗Repairs or cleanings not identified in the initial-inspection itemized statement, where an initial inspection was conducted and tenant possessions did not obstruct it
  • ✗Any amount at all where the landlord, in bad faith, fails to comply with subdivision (h) (§ 1950.5(h)(7))

What if your landlord keeps your deposit wrongfully in California?

Bad-faith claim or retention may subject the landlord to statutory damages of UP TO TWICE the amount of the security, in addition to actual damages (§ 1950.5(m)). The court may award bad-faith damages whenever the facts warrant, even if not specifically requested. Separately, § 1950.5(h)(7) provides the landlord is not entitled to claim ANY amount if it in bad faith fails to comply with subdivision (h). The landlord bears the burden of proof as to reasonableness (§ 1950.5(m)). Claims may be brought in small claims court (§ 1950.5(o)). CITATION WARNING: many secondary sources still cite (g) for the deadline and (l) for bad faith; the current lettering is (h)(1) and (m).

How TenantNex helps

  1. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing Cal. Civ. Code § 1950.5 (deadline at § 1950.5(h)(1); photos at (g); penalty at § 1950.5(m)) and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

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California tenant rights resources

Every fact on this page is verified against California's official statutory text as of 2026-09-04. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in California.

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TenantNex is a document preparation and delivery service, not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.