Generate a professional demand letter to recover your security deposit under California Civil Code Section 1950.5. Free, attorney-drafted template.
Answer a few questions about your situation and we will create a customized demand letter citing California law.
Every demand letter is professionally structured with key legal elements to maximize your chances of recovery.
Direct reference to California's security deposit statute, establishing the legal basis for your demand.
Clear statement that the landlord has violated (or is approaching) the mandatory 21-day return deadline.
Notification that wrongful retention can result in up to 2x the deposit amount in damages under California law.
Clear statement of the exact amount owed, calculated based on your deposit minus any legitimate deductions.
Professional notice that you will pursue legal action in California Small Claims Court if the demand is not met.
Clear deadline for the landlord to respond and return your deposit, creating urgency for resolution.
Understanding your rights at each stage of the process
From free self-service to full attorney handling
Common questions about California security deposit law
Bad faith under California Civil Code Section 1950.5(l) occurs when a landlord wrongfully retains a security deposit with knowledge that they have no right to do so. Examples include:
- Claiming deductions for pre-existing damage that was present when you moved in
- Charging for normal wear and tear (faded paint, worn carpet, minor scuffs)
- Failing to provide any itemized statement within 21 days
- Charging inflated or fabricated repair costs
- Deducting for cleaning when you left the unit in the same condition as move-in
If a court finds bad faith, you can recover up to twice the amount of the security deposit in addition to the deposit itself.
California law distinguishes between damage (which can be deducted) and normal wear and tear (which cannot). The landlord bears the burden of proving damage and must provide:
- An itemized statement of deductions within 21 days
- Receipts or invoices for repairs over $125
- Good faith estimates for repairs under $125
If you have move-in and move-out photos, these are powerful evidence. Document the condition of the unit with dated photos before you leave. If the landlord cannot prove the damage existed and was caused by you, they cannot legally withhold your deposit for it.
The best evidence is photographic or video documentation. Before you move out:
- Take dated photos of every room, including walls, floors, appliances, and fixtures
- Document any pre-existing damage with photos from move-in
- Request a move-out inspection (California law gives you this right)
- Keep copies of all correspondence with the landlord
- Get a receipt for returned keys
If you did not take photos, you can still pursue your claim. Witness testimony, your move-in checklist, and any maintenance requests you submitted during tenancy can help establish the unit's condition.
Yes, Small Claims Court is an excellent option for security deposit disputes in California. Here is why:
- Filing fees are low (typically $30-$75 depending on the amount)
- No attorney required - you represent yourself
- Cases are heard quickly (usually within 30-70 days)
- The small claims limit is $12,500 for individuals
- Judges are familiar with security deposit law and often rule for tenants when landlords fail to follow the 21-day rule
A demand letter is an important first step because it shows the court you tried to resolve the matter before filing suit. Many landlords will settle after receiving a demand letter to avoid court.
I am a California-licensed attorney who helps tenants recover their security deposits. If your landlord is being difficult, I can review your situation, send a letter on law firm letterhead, or guide you through the small claims process. Most security deposit cases can be resolved without expensive litigation.
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