California tenant's guide to recovering wrongfully withheld security deposits
21 days
Landlord's deadline to return
2×
Bad faith penalty
$12,500
Small claims limit
⏰ Critical Deadline
California landlords have exactly 21 calendar days after you move out to either return your full deposit OR provide an itemized statement of deductions. Missing this deadline = automatic bad faith.
When to Use This Guide
Use this guide if your landlord:
Kept all or part of your deposit without proper justification
Failed to provide itemized statement within 21 days
Made improper deductions for normal wear and tear
Charged for pre-existing damage that was there when you moved in
Deducted for cleaning when you left it reasonably clean
💰 What You Can Recover
Wrongfully withheld deposit — The amount improperly kept
Bad faith penalty — Up to 2× the deposit amount
Interest — Some cities require landlords to pay interest on deposits
Court costs — Filing fees if you win
Maximum Deposit Limits
California law limits how much a landlord can collect:
Unfurnished unit: Maximum 2 months' rent
Furnished unit: Maximum 3 months' rent
As of July 1, 2024: Maximum 1 month's rent (AB 12)
💡 New Law Alert (AB 12)
For leases signed after July 1, 2024, landlords can only collect ONE month's rent as security deposit, regardless of furnished/unfurnished status. Exceptions for small landlords (1-2 units, owner-occupied).
Legal Basis
California Civil Code sections protecting your deposit
Key California Civil Code Sections
Civil Code § 1950.5(g)
Landlord must return deposit within 21 days of tenant vacating, along with itemized statement of any deductions.
Civil Code § 1950.5(b)
Security deposits can ONLY be used for: (1) unpaid rent, (2) cleaning to restore to move-in condition, (3) repair of damages beyond normal wear and tear, (4) breach of lease terms.
Civil Code § 1950.5(l)
Bad faith retention entitles tenant to statutory damages up to twice the security deposit amount, plus actual damages.
Civil Code § 1950.5(f)
Itemized statement must include receipts for repairs over $126 (or good faith estimate with receipts to follow).
Civil Code § 1950.5(e)
Tenant has the right to an initial inspection before move-out to identify potential deductions and cure them.
What is "Normal Wear and Tear"?
Landlords CANNOT deduct for normal wear and tear. California courts define this as deterioration from ordinary, reasonable use:
Examples of Normal Wear (NOT deductible)
Faded paint or minor scuffs on walls
Worn carpet from foot traffic
Minor marks around light switches and door handles
Small nail holes from hanging pictures
Faded curtains or blinds from sun exposure
Loose door handles from regular use
The 21-Day Rule
📅 Deadline Calculator
Move-out date[YOUR DATE]
+ 21 calendar days= Landlord's deadline
If deadline passes with no response= Bad faith presumed
Evidence Checklist
Gather these documents to strengthen your claim
📋 Essential Documents
✓
Lease agreement — Shows deposit amount and move-in condition requirements
Move-out inspection report — If landlord conducted one
✓
Photos at move-in AND move-out — Timestamped comparison
✓
Deposit payment proof — Canceled check, bank statement, receipt
✓
Forwarding address notice — Proof you provided new address
📁 If Landlord Sent Deduction Statement
✓
Itemized statement — Review each line item for validity
✓
Receipts/invoices — Required for repairs over $126
✓
Envelope postmark — Proves when landlord mailed it
💡 Pro Tip: Request Initial Inspection
Before moving out, you have the right to request an initial inspection (Civil Code § 1950.5(f)). The landlord must identify potential deductions and give you a chance to fix them before final move-out. This can save your entire deposit!
Valid vs. Invalid Deductions
Know what your landlord can and cannot charge for
Deduction Validity Guide
Deduction Type
Valid?
Notes
Unpaid rent
✓ Valid
Only actual rent owed, not future rent
Holes in walls (large)
✓ Valid
Beyond small nail holes for pictures
Pet damage
✓ Valid
Stains, scratches, odors from pets
Broken windows/fixtures
✓ Valid
If caused by tenant, not natural wear
Excessive filth
✓ Valid
Beyond normal cleaning
Painting (faded/scuffed)
✗ Invalid
Normal wear and tear
Carpet (worn from walking)
✗ Invalid
Normal wear and tear
Professional cleaning (routine)
✗ Invalid
Only if dirtier than move-in condition
Small nail holes
✗ Invalid
Normal wear and tear
Pre-existing damage
✗ Invalid
Was there before you moved in
Replacing old appliances
✗ Invalid
Upgrades are landlord's responsibility
🚨 Red Flag Deductions
These are almost always improper and indicate bad faith:
"General cleaning" with no specifics
"Repainting entire unit" after years of tenancy
"Carpet replacement" for normal wear
No receipts for repairs over $126
Charges exceeding actual repair costs
Depreciation Rule
Even for valid damage, landlords can only charge the depreciated value, not replacement cost:
📊 Example: Carpet Damage
Carpet lifespan10 years
Carpet age when you moved in7 years
Remaining value30%
If replacement costs $1,000Max charge = $300
Sample Language
Copy-paste snippets for your demand letter
Opening Paragraph
I am writing to demand the return of my security deposit in the amount of $[DEPOSIT AMOUNT]. I vacated the property at [ADDRESS] on [MOVE-OUT DATE]. Under California Civil Code Section 1950.5, you were required to return my deposit or provide an itemized statement of deductions within 21 days. That deadline has passed.
No Statement Received
As of today, [CURRENT DATE], I have not received my deposit or any itemized statement of deductions. Your failure to comply with the 21-day requirement constitutes bad faith under Civil Code Section 1950.5(l), which entitles me to recover up to twice the amount of the security deposit in addition to actual damages.
Improper Deductions
The deductions you have claimed are improper and not permitted under California law. Specifically, the charge for [DEDUCTION TYPE] in the amount of $[AMOUNT] constitutes normal wear and tear, which cannot be deducted from a security deposit under Civil Code Section 1950.5(b). Additionally, you failed to provide receipts for repairs exceeding $126 as required by law.
Demand Paragraph
I hereby demand the return of $[AMOUNT DEMANDED] within 14 days of the date of this letter. If I do not receive payment by [DEADLINE DATE], I will file a claim in California Small Claims Court seeking the full deposit amount plus statutory damages of up to twice the deposit for bad faith retention, plus court costs.
Pre-Existing Damage Defense
The damage you claim was caused by me existed prior to my tenancy. I have photographs dated [DATE] taken at move-in that document this pre-existing condition. Additionally, the move-in inspection checklist, which you signed, notes this damage. You cannot lawfully deduct for conditions that existed before I took possession.
Next Steps
What to do after sending your demand letter
Give them 14 days to respond. This is reasonable and shows good faith on your part. Mark your calendar for the deadline.
If They Return the Deposit
Make sure you receive:
Full amount demanded (or negotiate if partial)
Written acknowledgment if you're releasing further claims
Payment via certified check or verified transfer
If They Don't Respond or Refuse
Step 1
File in Small Claims Court
Filing fee: $30-75 depending on amount. No lawyer needed. You can sue for up to $12,500.
Step 2
Serve the Landlord
Court will provide service instructions. Usually by mail or process server.
Step 3
Attend the Hearing
Bring all evidence: photos, lease, move-in checklist, communications, your demand letter.
Step 4
Collect Your Judgment
If you win, landlord has 30 days to pay. If they don't, you can garnish wages or levy bank accounts.
💪 You Have Strong Leverage
Most landlords settle security deposit disputes before trial because:
Bad faith penalty (2×) makes fighting expensive
Small claims is quick and tenant-friendly
Judges are skeptical of "normal wear" deductions
Missing the 21-day deadline is hard to defend
Need Professional Help?
I'm Sergei Tokmakov, a California attorney. For security deposit disputes, I offer: