Getting The Deposit Back
Civ. Code 1950.5 — 21 days, an itemized statement, and bad faith
In California, security is any payment, fee, deposit or charge imposed at the beginning of a residential tenancy, including an advance payment of rent, whatever the landlord calls it. The landlord may claim from it only what is reasonably necessary for unpaid rent, for repairing damage beyond ordinary wear and tear caused by the tenant or a guest, for cleaning needed to return the unit to the level of cleanliness it had when the tenancy began, and, where the rental agreement allows it, for restoring or returning personal property.
| The limit | What the section says |
|---|---|
| The limitMost landlords | What the section saysNo more than one month's rent as security, in addition to the first month's rent |
| The limitA landlord who owns no more than two residential rental properties with no more than four units offered for rent between them | What the section saysUp to two months' rent, in addition to the first month's rent, unless the prospective tenant is a service member |
| The limitA lease of six months or longer | What the section saysAn advance payment of not less than six months' rent is not prohibited |
| The limitSecurity collected or demanded before July 1, 2024 | What the section saysThe limits in this table do not apply to it |
The landlord has 21 calendar days after the tenant moves out. No later than 21 calendar days after the tenant has vacated, the landlord furnishes an itemized statement of the basis for and amount of any security received and what was done with it, and returns the rest. The statement goes by personal delivery or first class mail unless the two sides agreed to e-mail, and a landlord who received the security or rent electronically returns the remainder electronically, unless the two sides agree in writing on another method.
With the statement come copies of what the deductions for repairs and cleaning rest on: a description of the work with the time spent and the hourly rate where the landlord did it, the bill, invoice or receipt where someone else did, and photographs of the unit. None of that is required where those deductions together do not exceed $125, or where the tenant signed a waiver at or after the notice to end the tenancy; a tenant who asks for the documents within 14 calendar days of getting the statement is still owed them within 14 calendar days.
The landlord may not claim against the tenant or the security for ordinary wear and tear, for conditions that existed before the tenancy, or for professional carpet cleaning unless it is reasonably necessary to return the unit to its condition at the start of the tenancy. For tenancies beginning on or after July 1, 2025, the landlord photographs the unit at the start, and in every case photographs it again after it is returned and before and after any repairs or cleaning to be deducted.
Keeping a deposit in bad faith can cost up to twice the deposit. A landlord who keeps or claims security in bad faith may be liable for statutory damages of up to twice the amount of the security, on top of actual damages, and the court may award them whether or not the tenant asked. In a suit over the deposit, the landlord has the burden of proving the amounts claimed were reasonable, and a landlord who in bad faith fails to give the statement on time is not entitled to claim any of the security.
A lease may not call any security nonrefundable. The tenant may ask in writing for an initial inspection, no earlier than two weeks before the tenancy ends, so there is a chance to fix what the landlord would otherwise deduct for. A suit over a deposit may be brought in small claims court where the amount is within that court's limit.
Sources for this section (1)
- Civ. Code 1950.5 — Security for a residential rental agreement
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.