California Security Deposit Law: Deadlines & Penalties
California gives landlords 21 days after a tenant moves out to either return the full security deposit or send an itemized statement explaining every deduction. Deductions are limited to unpaid rent, cleaning needed to return the unit to its move-in condition, and repair of damage beyond ordinary wear and tear.
Along with the itemized statement, the landlord generally must include copies of receipts, invoices or bills for repair and cleaning charges, and photos of the unit, unless total repair and cleaning deductions are $125 or less. If the work can't be finished within the 21 days, the landlord can send a good-faith estimate and must follow up with the documents within 14 days of completing the work.
Tenants can also ask for an initial inspection up to two weeks before moving out, which gives them a chance to fix problems the landlord points out and avoid deductions. Since mid-2024 most new deposits are capped at one month's rent, with a two-month cap for some small landlords, and landlords must photograph the unit at move-out, before repairs, and, for tenancies starting on or after July 1, 2025, at move-in.
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California: common questions
How long does a California landlord have to return a deposit?
21 days after you move out. Within that time the landlord must either refund the full deposit or send an itemized statement of deductions along with any remaining balance.
Does my landlord need receipts for deductions in California?
Generally yes. Unless total repair and cleaning deductions are $125 or less, the itemized statement must include copies of receipts or invoices and photos. Even below that amount, you can ask for the documents within 14 days of receiving the statement. If repairs aren't done yet, the landlord may send an estimate and provide receipts within 14 days of the work being completed.
What can I recover if my California landlord kept my deposit in bad faith?
A court can order the deposit returned and may add statutory damages of up to twice the deposit amount when the landlord acted in bad faith. A landlord who in bad faith fails to send the required statement and documents loses the right to keep any of the deposit.
Can I sue for my deposit in California small claims court?
Yes. Individuals can bring claims of up to $12,500 in small claims court, which covers almost every deposit dispute, and the deposit statute expressly allows these cases there. Bring your lease, photos, this letter and your proof of mailing.
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