California security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under Cal. Civ. Code § 1950.5, a landlord in California must return your security deposit — together with any required written itemization of deductions — within 21 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

AB 12 capped deposits at one month's rent for most landlords effective July 1, 2024.

What it costs your landlord

Under Cal. Civ. Code § 1950.5, a landlord who wrongfully withholds a deposit in California may be liable for up to twice the deposit in statutory damages where the retention was in bad faith, in addition to actual damages. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in California

A closed list in § 1950.5(b): unpaid rent; repair of damage 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; and restoring or replacing personal property, again exclusive of ordinary wear and tear.

Cal. Civ. Code § 1950.5

Ordinary wear and tear

California excludes ordinary wear and tear and, uniquely, its cumulative effects across more than one tenancy — which forecloses the most common landlord argument in a long tenancy.

“…for ordinary wear and tear or the effects thereof, whether the wear and tear preexisted the tenancy or occurred during the tenancy… or for the cumulative effects of ordinary wear and tear occurring during any one or more tenancies.”

What a compliant itemization has to contain

An itemized statement of the deductions, delivered within 21 days (§ 1950.5(g)).

Read it yourself: Cal. Civ. Code § 1950.5

How to get your deposit back in California

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In California that's 21 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite Cal. Civ. Code § 1950.5, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

How long does a landlord have to return a security deposit in California?

Under Cal. Civ. Code § 1950.5, a California landlord has 21 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in California?

Under Cal. Civ. Code § 1950.5, a landlord who wrongfully withholds may be liable for up to twice the deposit in statutory damages where the retention was in bad faith, in addition to actual damages.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.