🏠 CALIFORNIA · SECURITY DEPOSIT LAW
Security deposits in California
In California, Cal. Civ. Code § 1950.5 (as amended by AB 12, eff. July 1, 2024) gives your landlord 21 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld. The deposit itself is capped at 1 month's rent (furnished or unfurnished), for deposits collected on/after July 1, 2024. Small-landlord exception: 2 months' rent if the landlord is a natural person (or LLC of natural persons) owning ≤2 residential rental properties with ≤4 total units — except 1 month for service-member tenants.. Miss that deadline and the consequence is specific: up to 2x the deposit for bad-faith retention (§ 1950.5(l)), plus actual damages.
The California statute
VERIFIED PRIMARY SOURCE
§ Cal. Civ. Code § 1950.5
Landlord may not demand or receive security in excess of one month’s rent, for security collected or demanded on or after July 1, 2024; a small-landlord exception allows up to two months’ rent. The itemized statement and any refund are due no later than 21 calendar days after the tenant vacates. Bad-faith retention exposes the landlord to statutory damages of up to twice the deposit, in addition to actual damages. Verified against primary statute text (leginfo.legislature.ca.gov) 2026-07-27.
Read the California source text →California deadlines at a glance
| Rule | What California requires |
|---|---|
| Deadline to return or itemize | 21 days after the tenancy ends |
| Maximum deposit | 1 month's rent (furnished or unfurnished), for deposits collected on/after July 1, 2024. Small-landlord exception: 2 months' rent if the landlord is a natural person (or LLC of natural persons) owning ≤2 residential rental properties with ≤4 total units — except 1 month for service-member tenants. |
| If the landlord misses the deadline | Up to 2x the deposit for bad-faith retention (§ 1950.5(l)), plus actual damages |
| Governing statute | Cal. Civ. Code § 1950.5 (as amended by AB 12, eff. July 1, 2024) |
WORKED EXAMPLE #2 OF WHY VERIFICATION IS MANDATORY: the prior unverified aggregator value in this cell said 2 months — the pre-AB 12 law, stale since July 2024. Every figure here was read from the California statute text, not a secondary summary. Verified against the primary source →
What security deposits law covers in California
The 21 days clock in CaliforniaCal. Civ. Code § 1950.5 (as amended by AB 12, eff. July 1, 2024) sets California's deadline at 21 days from the end of the tenancy. WORKED EXAMPLE #2 OF WHY VERIFICATION IS MANDATORY: the prior unverified aggregator value in this cell said 2 months — the pre-AB 12 law, stale since July 2024.
California caps the deposit at 1 month's rent (furnished or unfurnished), for deposits collected on/after July 1, 2024. Small-landlord exception: 2 months' rent if the landlord is a natural person (or LLC of natural persons) owning ≤2 residential rental properties with ≤4 total units — except 1 month for service-member tenants.A California landlord may not demand more than 1 month's rent (furnished or unfurnished), for deposits collected on/after July 1, 2024. Small-landlord exception: 2 months' rent if the landlord is a natural person (or LLC of natural persons) owning ≤2 residential rental properties with ≤4 total units — except 1 month for service-member tenants. as a security deposit under Cal. Civ. Code § 1950.5 (as amended by AB 12, eff. July 1, 2024). A deposit collected above the cap is recoverable even if you agreed to it in the lease.
Itemization is the condition of keeping anythingWithholding any part of the deposit in California requires a written, itemized statement within the 21 days window. A lump-sum "cleaning and repairs" line is the kind of entry that fails the statute — and ordinary wear and tear is not deductible.
What missing the deadline costs in CaliforniaUp to 2x the deposit for bad-faith retention (§ 1950.5(l)), plus actual damages — that is the remedy Cal. Civ. Code § 1950.5 (as amended by AB 12, eff. July 1, 2024) attaches to a late or missing statement, which is why the date you moved out and the date you gave a forwarding address both matter.
What to do in California, in order
- Write down the date the tenancy ended and you handed back possession — in California the 21 days clock runs from that date.
- Document the unit on move-out day: video every room, appliance, and wall, and keep the file timestamped.
- Send your forwarding address in writing and keep proof — several statutes start or extend the clock from it.
- If 21 days pass with no deposit and no itemized statement, send a demand letter citing Cal. Civ. Code § 1950.5 (as amended by AB 12, eff. July 1, 2024) and the penalty it carries.
- If the landlord still doesn't pay, California small claims court handles deposit cases cheaply — and the statutory penalty (up to 2x the deposit for bad-faith retention (§ 1950.5(l)), plus actual damages) is what you ask the court to award.
Common questions about security deposits in California
How long does my landlord have to return my security deposit in California?
Cal. Civ. Code § 1950.5 (as amended by AB 12, eff. July 1, 2024) gives your landlord 21 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld. WORKED EXAMPLE #2 OF WHY VERIFICATION IS MANDATORY: the prior unverified aggregator value in this cell said 2 months — the pre-AB 12 law, stale since July 2024.
What happens if my California landlord misses the deadline?
Up to 2x the deposit for bad-faith retention (§ 1950.5(l)), plus actual damages. That remedy is written into Cal. Civ. Code § 1950.5 (as amended by AB 12, eff. July 1, 2024) — you generally have to claim it, and small claims court is where deposit cases of this size are decided.
How much can a landlord charge for a security deposit in California?
California caps it at 1 month's rent (furnished or unfurnished), for deposits collected on/after July 1, 2024. Small-landlord exception: 2 months' rent if the landlord is a natural person (or LLC of natural persons) owning ≤2 residential rental properties with ≤4 total units — except 1 month for service-member tenants. under Cal. Civ. Code § 1950.5 (as amended by AB 12, eff. July 1, 2024). A lease term purporting to charge more does not make the excess lawful.
Can my California landlord keep the deposit for cleaning?
Only to return the unit to its move-in cleanliness, and any deduction must appear in the itemized statement due within 21 days. Routine turnover cleaning and ordinary wear — faded paint, traffic-worn carpet — are generally the landlord's cost, not yours.
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