California Security Deposit Law: Limits and Refunds
How much a landlord can ask for, what they can keep, and how fast the rest has to come back.
In California a security deposit is capped at 1 month's rent (2 months for some small landlords), and must be returned within 21 days after you move out, minus only unpaid rent, damage beyond normal wear and tear, and cleaning back to move-in condition. Deductions for repairs and cleaning over $125 need receipts and photos. A landlord who keeps a deposit in bad faith can owe up to 2 times the deposit as a penalty. All of this is in Civil Code 1950.5.
How much a landlord can charge
Since July 1, 2024 (AB 12), the limit is 1 month's rent, on top of the first month's rent, whether or not the unit is furnished. The exception: a landlord who is a person (or an LLC whose members are all people) owning no more than 2 rental properties with no more than 4 units in total may charge up to 2 months, unless the tenant is a service member. "Security" includes any fee or charge collected at the start, such as cleaning fees, so those count toward the limit, and no part of it can be labelled nonrefundable.
What can be deducted
- Unpaid rent.
- Repairing damage beyond ordinary wear and tear caused by you or your guests.
- Cleaning needed to return the unit to the cleanliness it had when you moved in.
- If the lease allows, replacing or restoring furniture and other property you were given.
Not allowed: ordinary wear and tear, conditions that existed before you moved in, and professional cleaning or carpet cleaning that wasn't needed to restore move-in condition. Charges must be limited to a reasonable amount.
The move-out process
- Initial inspection. When either side gives notice, the landlord must tell you that you can ask for an inspection before you move out. It happens no earlier than two weeks before the end of the tenancy, with 48 hours' written notice. The landlord leaves a list of proposed deductions so you can fix them yourself.
- Photos. The landlord must photograph the unit after you return possession, before and after any repairs or cleaning (required since April 1, 2025). For tenancies starting on or after July 1, 2025, they must also photograph it at move-in.
- The 21-day deadline. Within 21 calendar days after you vacate, you must get the remaining deposit and an itemized statement of anything kept. If you paid electronically, the refund generally comes back electronically.
- Documents. If repair and cleaning deductions total more than $125, the statement must include receipts or invoices (or, for the landlord's own work, the time and hourly rate) and the photos. If the work isn't finished in time, the landlord can deduct a good-faith estimate and send the documents within 14 days of finishing. You can request the documents within 14 days of getting the statement even if you waived them.
An example
On $2,400 rent, the most a typical landlord can hold is $2,400. Suppose you move out on September 30. The deadline is October 21, 2026. If the landlord deducts $300 for cleaning and repairs, the statement must come with receipts and photos, and you should get $2,100 back.
If the landlord doesn't comply
Ask in writing first, with your forwarding address. If the landlord kept the deposit or part of it in bad faith, a court can award statutory damages of up to 2 times the deposit plus your actual damages, and the landlord must prove the deductions were reasonable. Deposit disputes can be filed in small claims court.
Run your numbers
Use the Security Deposit Limit Calculator to check what you can be charged, and the Security Deposit Return Checker to check the deadline and deductions after you move out.
Frequently Asked Questions
How much can a landlord charge for a security deposit in California?
One month's rent for most rentals, furnished or not, since July 1, 2024. A small landlord (a person, or an LLC whose members are all people, owning no more than 2 rental properties with 4 units in total) may charge up to 2 months, except to a service member.
How long does a landlord have to return a deposit in California?
21 calendar days after you move out, with an itemized statement for anything kept.
Can a landlord charge for carpet cleaning or painting?
Only when it's needed to return the unit to its move-in condition, beyond ordinary wear and tear. The law specifically bars charging for professional carpet or other professional cleaning unless reasonably necessary for that, and for conditions that existed before you moved in.
Can a lease say part of the deposit is nonrefundable?
No. California law prohibits any lease term calling a security deposit nonrefundable. Any fee or charge collected at the start of the tenancy for these purposes, such as a cleaning fee, counts as part of the security deposit.
What if my landlord keeps my deposit unfairly?
Send a written request with your forwarding address. If the landlord kept it in bad faith, a court can award up to 2 times the deposit in addition to the amount wrongly kept. You can sue in small claims court, and the landlord must prove the deductions were reasonable.
This article is for general information only and is not legal advice. Source: Civil Code 1950.5 (including AB 12 of 2023 and the 2025 amendments by AB 414, Stats. 2025, ch. 340).