Getting Your Security Deposit Back in California
Security deposits are one of the most common landlord-tenant disputes — and California’s rules changed recently. Here’s a plain-English overview. This is general information, not legal advice about your situation.
New limit: usually one month’s rent
As of July 1, 2024, a landlord generally may not charge a security deposit of more than one month’s rent, furnished or not (Civil Code section 1950.5, as amended by AB 12). There is a limited exception: certain small landlords (a natural person, or an LLC owned entirely by natural persons, who owns no more than two residential properties totaling no more than four units) may charge up to two months’ rent — but the one-month cap still applies to active-duty service members.
The 21-day rule
After you move out, the landlord generally has 21 days to return your deposit and, if anything is withheld, provide an itemized statement explaining the deductions (with receipts or estimates for work over a small threshold).
What a landlord can deduct
- Unpaid rent;
- Cleaning to return the unit to its condition at move-in;
- Repair of damage beyond ordinary wear and tear.
A landlord generally cannot charge you for normal wear and tear — the ordinary aging that comes from living in a place.
If your deposit isn’t returned
Start with a written demand referencing the 21-day rule. If that fails, small claims court is a common, low-cost venue for deposit disputes, and a landlord who acts in bad faith can be exposed to additional penalties.
When to talk to a lawyer
Documentation — move-in and move-out photos, the lease, and communications — often decides these cases. A quick review can tell you whether a deduction was proper and what to do next.
Deposit dispute? Ask a legal question.