California Security Deposit Law: Return Deadline, Limits, and How to Get It Back

In California, your landlord generally has 21 calendar days after you move out to return your security deposit, along with an itemized statement explaining any deductions. As of a 2024 change, most landlords may now charge no more than one month's rent as a security deposit, whether the unit is furnished or unfurnished. These rules come from California's main security deposit statute, California Civil Code Section 1950.5, and disputes over wrongfully withheld deposits are typically handled in the small claims division of the California Superior Court. Because landlord-tenant rules change and many California cities (like San Francisco, Los Angeles, Berkeley, and Santa Monica) add their own protections, confirm the current rule for your city before you act.

How much can a California landlord charge?

California law limits the security deposit amount. Under the rule that took effect July 1, 2024, most landlords may collect a deposit of no more than one month's rent, regardless of whether the unit is furnished. This replaced the older limits of two months' rent (unfurnished) or three months' rent (furnished).

• There is a narrow exception: a small landlord who owns no more than two residential properties with no more than four total units may charge up to two months' rent.
• That exception generally does not apply if the tenant is a service member, who is protected by the one-month cap.
• "Last month's rent" collected up front counts toward the deposit total, so the combined amount still has to fit within the cap.

The 21-day deadline and itemized statement

Within 21 days of you returning possession of the unit, the landlord must either return the full deposit or send you an itemized statement listing each deduction and the amount, plus whatever balance is left over.

• If deductions for repairs or cleaning total more than $125, the landlord must attach copies of receipts, invoices, or bills. If the landlord did the work themselves, the statement should describe the work and a reasonable hourly rate.
• You have the right to request an initial inspection before you move out (sometimes called a pre-move-out walkthrough). The landlord must give you an itemized list of proposed deductions so you have a chance to fix issues and avoid charges.
• Keep dated move-in and move-out photos. They are often the deciding evidence if you end up in court.

What can and cannot be deducted

California law lets a landlord deduct only for specific things, and normal wear and tear is never deductible. The deposit cannot be used to make the unit nicer than it was when you moved in.

• Allowed: unpaid rent; cleaning needed to return the unit to the same level of cleanliness as when you moved in; repair of damage beyond ordinary wear and tear; and, if your lease allows it, restoration or replacement of furnishings or personal property.
• Not allowed (normal wear and tear): faded paint, small nail holes, worn carpet from ordinary use, minor scuffs, and general aging. These are the landlord's cost of doing business.
• The gray area: large stains, pet damage, broken fixtures, or holes in walls usually count as damage you can be charged for.

Is interest required on the deposit?

California's statewide statute does not require landlords to pay interest on security deposits. However, several California cities have local ordinances that do require it.

• Cities such as San Francisco, Los Angeles, Berkeley, Santa Monica, East Palo Alto, and West Hollywood have rules requiring annual interest payments on deposits.
• The rate and timing vary by city and often change each year, so check your city's rent board or housing department for the current figure.

Penalties for wrongful withholding and how to sue

If a landlord keeps your deposit in bad faith, a California court can order them to pay statutory damages of up to twice the amount of the deposit, on top of returning what you are actually owed.

• Start with a demand letter. Send a dated written request for your deposit (or the disputed portion), and keep a copy. This sometimes resolves the issue and shows the court you tried.
• File in small claims court. California small claims (a division of the Superior Court) currently lets individuals sue for up to $12,500. You do not need a lawyer, and lawyers generally cannot represent either side at the small claims hearing.
• Bring your evidence: the lease, move-in and move-out photos, the itemized statement (or proof none arrived), your demand letter, and any receipts.
• If the amount is large, the facts are complicated, or you believe the landlord is retaliating, a California tenant attorney or a local legal aid office can be worth contacting before you file.

This is general legal information, not legal advice. California landlord-tenant law changes over time and many cities add their own protections, so confirm the current statewide rules and your local ordinance, or talk with a California tenant or landlord attorney about your specific situation.