California Security Deposit Demand Letters for Landlords

Civil Code 1950.5 Compliance | Legitimate Deductions | Damage Claims | Unpaid Rent Collection

California Security Deposit Law: Civil Code Section 1950.5 for Landlords

Landlord Rights and Obligations: California Civil Code Section 1950.5 establishes the rules governing security deposits. While often viewed from the tenant perspective, this law also protects landlords who properly document their units, make legitimate deductions, and follow required procedures. Understanding these rules helps you collect unpaid rent, recover damage costs, and defend against wrongful claims.

Security Deposit Limits (Civil Code 1950.5(c))

California law limits the maximum security deposit you can collect:

Property Type	Maximum Deposit
Unfurnished residential unit	One month's rent (as of July 1, 2024 for most landlords)
Furnished residential unit	One month's rent (as of July 1, 2024 for most landlords)
Small landlord exception (2 properties, 4 units max)	Two months' rent unfurnished, three months' furnished (until July 1, 2027)

2024 Changes (AB 12): As of July 1, 2024, security deposits are generally limited to one month's rent regardless of furnishing status. Small landlords (owning no more than two residential rental properties with four or fewer units total) have a three-year exception allowing higher deposits. Ensure your deposits comply with current limits.

Allowable Deductions (Civil Code 1950.5(b))

As a landlord, you may lawfully deduct for the following:

Unpaid rent: Any rent owed through the date the tenant vacated, including partial month rent if applicable
Cleaning costs: Expenses to restore the unit to the same level of cleanliness as when the tenant moved in (not merely "rental ready")
Repair of tenant-caused damage: Costs to repair damage caused by the tenant, their guests, or pets that exceeds normal wear and tear
Restoration costs: Expenses to restore the property from unauthorized tenant alterations (if lease prohibited and restoration is required)
Other lease breaches: Costs specifically authorized by the rental agreement

Key Protection: When tenants cause damage beyond normal wear and tear, fail to pay rent, or leave the unit in unclean condition, you have the legal right to deduct these costs from the security deposit. However, you must document everything and follow strict itemization procedures.

21-Day Itemization Requirement (Civil Code 1950.5(g))

You must return the deposit (or provide itemization) within 21 calendar days after the tenant vacates:

21 Calendar Days: The deadline begins when the tenant physically vacates AND returns all keys
Itemized Statement Required: If you retain any portion of the deposit, you MUST provide a written itemized statement listing each deduction
Documentation Required: Include copies of receipts, invoices, or estimates for all deductions
Estimates: If using estimates because work is not complete, you must provide actual receipts within 14 days of completion
Contractor Information: Include name, address, and telephone number of any person or company who performed work

Critical Deadline: Failure to return the deposit or provide proper itemization within 21 days can result in forfeiture of your right to claim deductions and potential liability for up to twice the deposit amount in bad faith cases. Track your deadlines carefully.

Move-Out Inspection Procedures (Civil Code 1950.5(f))

California law requires you to offer the tenant an initial inspection:

Written Notice Required: You must notify the tenant in writing of their right to request an initial inspection
Timing: The inspection should occur within a reasonable time after the tenant gives notice of intent to move, but no earlier than two weeks before move-out
Tenant Presence: The tenant has the right to be present during the inspection
Itemized Deficiencies: You must provide an itemized statement of proposed deductions based on the inspection
Opportunity to Cure: The tenant has the opportunity to remedy identified issues before final move-out

Strategic Benefit: Conducting a thorough initial inspection protects you. Document conditions with dated photos, create a written list of deficiencies, and give the tenant an opportunity to address issues. This creates a strong record if the tenant later disputes your deductions.

Normal Wear and Tear vs. Tenant Damage

Understanding this distinction is critical to making defensible deductions:

Normal Wear and Tear (NOT Deductible)	Tenant Damage (Deductible)
Faded paint from sunlight exposure over time	Unauthorized paint colors, crayon marks, large holes in walls
Worn carpet in traffic areas after years of use	Stains, burns, pet damage, tears, or rips in carpet
Small nail holes from hanging pictures normally	Numerous large holes, anchor damage, or wall damage from mounted items
Minor floor scuffs from furniture	Deep gouges, scratches, water damage from neglect
Worn toilet seats, minor fixture wear	Broken fixtures, cracked porcelain from misuse
Dust, minor cleaning needs between tenants	Excessive filth, grease buildup, mold from neglect, pest infestations
Faded or yellowed blinds from age	Broken slats, bent blinds, missing blinds

Tenancy Duration Matters: The longer a tenant occupied the unit, the more deterioration is considered normal. Courts apply a "useful life" concept - if carpet is 8 years old and has a 10-year useful life, you cannot charge full replacement cost even if the tenant caused some damage. Prorate your claims based on remaining useful life.

Common Landlord Situations Requiring Demand Letters

1. Tenant Owes Rent Beyond Security Deposit

Deposit Insufficient: When a tenant vacates owing rent that exceeds the security deposit amount, you have the right to pursue the balance. This commonly occurs when tenants stop paying rent before eviction or break a lease early without proper notice.

Calculate total unpaid rent through the date the tenant vacated
Apply the security deposit to the oldest unpaid rent first
Document the remaining balance owed
Send a demand letter for the unpaid balance
If ignored, file in small claims or civil court depending on amount

2. Damage Costs Exceed Security Deposit

Document all damage: Take detailed photos and video before cleaning or repairs
Obtain estimates or invoices: Get written quotes from contractors for repair costs
Compare to move-in condition: Use move-in inspection photos to show the change
Apply security deposit: Deduct full deposit amount from total damages
Demand the balance: Send a demand letter for costs exceeding the deposit

Common Excessive Damage Scenarios:

Pet damage to flooring, doors, or trim
Holes in walls or doors from tenant misuse
Broken windows, fixtures, or appliances
Water damage from tenant negligence
Smoke damage to walls, ceilings, and fixtures
Unauthorized modifications requiring restoration

3. Tenant Abandoned Property

When tenants leave personal property behind, California has specific procedures:

Civil Code 1983-1984: Governs abandoned personal property procedures
Written Notice Required: You must send written notice to the tenant describing the property and your intent to dispose of it
Waiting Period: 15 days if notice is personally delivered, 18 days if mailed to tenant's last known address
Storage Costs: You may charge reasonable storage costs during the waiting period
Disposal: After proper notice period, you may sell or dispose of property worth over $700, or dispose of/donate items worth under $700

Do Not Discard Without Notice: Throwing away tenant property without following proper notice procedures can expose you to liability for the value of the items. Always send the required notice and wait the required period.

4. Tenant Disputes Your Deductions

If a former tenant challenges your deductions, you need to be prepared:

Review your documentation: Ensure you have move-in/move-out photos, inspection reports, and repair invoices
Verify itemization compliance: Confirm your itemized statement met all legal requirements
Respond in writing: Address each disputed item with specific evidence
Be prepared for small claims: Tenants frequently file in small claims court for deposit disputes
Bring evidence to court: Photos, invoices, contracts, and the lease agreement

5. Tenant Broke Lease Early

Calculate damages: Lost rent until unit is re-rented or lease term ends (whichever is sooner)
Mitigation duty: You have a duty to mitigate damages by making reasonable efforts to re-rent
Document re-rental efforts: Keep records of advertising, showings, and applications received
Apply deposit: Use deposit to cover unpaid rent and any damages
Demand balance: If costs exceed deposit, send demand for the difference

Reletting Fees: Many leases include a "reletting fee" or "lease break fee" (often one or two months' rent). While California requires mitigation, reasonable reletting costs for advertising and showing the unit are generally recoverable if specified in the lease.

6. Co-Tenant or Roommate Situations

Joint and several liability: All tenants on the lease are typically jointly responsible for the full amount owed
Collect from any or all: You may pursue the full amount from any individual tenant on the lease
Document who vacated when: Track dates each tenant moved out for accurate rent calculations
Return deposit only after all vacate: You are not required to return any deposit until all tenants have vacated

How to Write an Effective Demand Letter

Step 1: Document Everything First

Before drafting your demand letter, ensure you have complete documentation:

Lease Agreement: Original signed lease showing deposit amount, rent amount, and tenant obligations
Move-In Inspection: Dated photos, video, and written inspection report documenting original condition
Move-Out Inspection: Dated photos, video, and written notes documenting condition at vacating
Repair Estimates/Invoices: Written quotes or completed invoices from contractors
Rent Ledger: Complete record of all rent payments received and dates
Itemized Statement: Copy of the 21-day itemized statement you provided to the tenant
Correspondence: All communications with the tenant regarding move-out and deposit

Step 2: Calculate the Amount Owed

Component	Calculation Method
Unpaid Rent	All rent owed through move-out date, including partial months
Cleaning Costs	Actual cost to restore cleanliness to move-in condition
Repair Costs	Documented repair expenses for tenant-caused damage (prorated for useful life)
Other Lease Charges	Authorized fees per lease (late fees, reletting fees, etc.)
Less: Security Deposit	Subtract the full deposit amount held
Balance Due	Total costs minus deposit = amount owed by tenant

Proration Example: If carpet has a 10-year useful life, was 6 years old at move-in, and the tenant occupied for 3 years (now 9 years old), only charge 10% of replacement cost (1 year remaining life / 10 year total life). Full replacement charges without proration are often rejected by courts.

Step 3: Structure Your Demand Letter

Essential Components:

Component	What to Include
Header	Your name/company, address, phone, email; date; tenant's last known address
Subject Line	"Demand for Payment of Balance Due" or "Notice of Amount Owed After Move-Out"
Tenancy Details	Property address, tenancy dates, security deposit amount, move-out date
Amount Breakdown	Itemized list of all charges with documentation references
Deposit Application	Show security deposit applied and remaining balance
Total Demand	Clear statement of total amount owed
Payment Deadline	Typically 10-15 days from receipt
Payment Instructions	How and where to send payment
Consequences	Small claims filing, collections, credit reporting (if applicable)

Step 4: Maintain Professional Tone

Best Practices:

Be factual and avoid emotional language
Cite specific lease provisions and California law
Reference attached documentation
State consequences clearly but without threats
Offer a reasonable deadline (10-15 days is standard)
Include your contact information for questions

Step 5: Delivery Methods

Certified Mail, Return Receipt Requested: Provides proof of delivery and date received
First Class Mail: Standard mailing as backup to certified mail
Email: If you have email correspondence history with the tenant, send a copy via email for immediate notice
Keep Copies: Retain copies of everything sent, including mailing receipts

Last Known Address: Mail to the tenant's forwarding address if provided, or to the rental property address if no forwarding address was given. This satisfies your legal obligation for notice.

Step 6: Follow-Up Timeline

Day 1: Send demand letter via certified and regular mail
Day 7: Check for return receipt or any response
Day 15: If no response, send second demand (optional but recommended)
Day 30: If still no response, file small claims court action
Alternative: Turn over to collections agency if you prefer not to pursue court action

Sample Demand Letters for Landlords

Sample 1: Demand for Unpaid Rent After Move-Out

Sample 2: Demand for Damage Costs Exceeding Security Deposit

[Landlord/Property Management Name] [Address] [City, State ZIP] [Phone Number] [Email Address] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND FIRST CLASS MAIL [Former Tenant Name] [Forwarding Address or Last Known Address] [City, State ZIP] RE: DEMAND FOR PAYMENT - DAMAGES EXCEEDING SECURITY DEPOSIT Former Rental Address: [Property Address] Move-Out Date: [Date] Security Deposit Held: $[Amount] Balance Due for Damages: $[Amount] Dear [Former Tenant Name]: This letter serves as a formal demand for payment of repair costs that exceed your security deposit following your tenancy at the above-referenced property. CONDITION OF PROPERTY AT MOVE-OUT: Upon your vacating the property on [Move-Out Date], I conducted an inspection and documented significant damage to the premises that exceeded normal wear and tear. The following repairs were required: 1. [Description of Damage 1] $[Amount] (e.g., Repair holes in living room and bedroom walls - multiple large holes requiring drywall patching and painting) 2. [Description of Damage 2] $[Amount] (e.g., Replace damaged carpet in master bedroom - extensive pet stains and tears not present at move-in) 3. [Description of Damage 3] $[Amount] (e.g., Repair bathroom door - door kicked in, frame damaged, lock mechanism broken) 4. [Description of Damage 4] $[Amount] (e.g., Professional cleaning - excessive filth, grease buildup in kitchen, mold in bathroom beyond normal wear) 5. [Additional items as needed] $[Amount] ---------------------------------------- TOTAL REPAIR COSTS: $[Total] DOCUMENTATION: Attached please find: - Move-in inspection report and photos dated [Date] showing original condition - Move-out inspection report and photos dated [Date] showing damage - Contractor invoices/estimates for each repair item listed above SECURITY DEPOSIT APPLICATION: Total Repair Costs: $[Total] Less Security Deposit Applied: -$[Deposit Amount] ---------------------------------------- BALANCE DUE FROM YOU: $[Balance] An itemized statement with supporting documentation was mailed to you on [Date], in compliance with California Civil Code Section 1950.5(g). DEMAND FOR PAYMENT: I hereby demand that you pay the outstanding balance of $[Balance] within FIFTEEN (15) DAYS of your receipt of this letter. Payment should be made by certified check or money order payable to [Your Name/Company] and mailed to the address above. LEGAL BASIS: Under California Civil Code Section 1950.5(b)(2), landlords may retain security deposit funds to cover "the repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant." The damages documented above are clearly beyond ordinary wear and tear, as evidenced by the comparison between move-in and move-out condition photos. Where repair costs exceed the security deposit, the tenant remains liable for the balance. This liability is based on both the lease agreement and general principles of property law. CONSEQUENCES OF NON-PAYMENT: If I do not receive payment within 15 days, I will: 1. File a lawsuit in California Small Claims Court for the balance owed 2. Present photographic evidence and contractor documentation to the court 3. Seek judgment for the full amount plus filing fees and service costs 4. Pursue all available collection remedies upon obtaining judgment I encourage you to review the enclosed documentation. If you have questions about any specific charges, please contact me to discuss. I am willing to consider a reasonable payment plan if you are unable to pay the full balance at once. Sincerely, [Your Signature] [Your Printed Name] [Title, if applicable] Enclosures: - Move-in inspection report and photos dated [Date] - Move-out inspection report and photos dated [Date] - Contractor invoice: [Company Name] dated [Date] - $[Amount] - Contractor invoice: [Company Name] dated [Date] - $[Amount] - Copy of itemized security deposit statement dated [Date] - Relevant lease provisions regarding property condition

Sample 3: Notice of Abandoned Personal Property

[Landlord/Property Management Name] [Address] [City, State ZIP] [Phone Number] [Email Address] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND FIRST CLASS MAIL [Former Tenant Name] [Forwarding Address or Last Known Address] [City, State ZIP] RE: NOTICE OF ABANDONED PERSONAL PROPERTY Former Rental Address: [Property Address] Date of Vacancy: [Date] Dear [Former Tenant Name]: This notice is provided pursuant to California Civil Code Sections 1983-1984 regarding personal property you left at the above-referenced rental property when you vacated on [Date]. DESCRIPTION OF ABANDONED PROPERTY: The following personal property remains at the premises: 1. [Description of item - e.g., Brown leather sofa, approximately 7 feet long] 2. [Description of item - e.g., Queen-size mattress and box spring] 3. [Description of item - e.g., Wooden bookshelf, 4 shelves, approximately 5 feet tall] 4. [Description of item - e.g., Several boxes of clothing and household items] 5. [Description of item - e.g., Kitchen table with 4 chairs] 6. [Additional items as applicable] ESTIMATED VALUE: Based on my reasonable assessment, the total value of the above-described property is estimated to be: [ ] LESS THAN $700 [OR] [ ] $700 OR MORE YOUR RIGHT TO CLAIM THE PROPERTY: You have the right to claim this property. If you wish to do so, you must: 1. Contact me at the address or phone number above within the timeframe specified below 2. Arrange a time to retrieve the property 3. Pay reasonable storage costs of $[Amount] per day for the period the property has been stored DEADLINE TO CLAIM PROPERTY: If this notice was PERSONALLY DELIVERED to you: You have FIFTEEN (15) DAYS from the date of delivery to claim the property. If this notice was MAILED to you: You have EIGHTEEN (18) DAYS from the date of mailing ([Date]) to claim the property. DEADLINE: [Calculate and insert specific date] WHAT HAPPENS IF YOU DO NOT CLAIM THE PROPERTY: If you do not claim the property within the time specified above: [If property is valued at LESS THAN $700:] The property may be kept, sold, or destroyed by the landlord without further notice to you. [If property is valued at $700 OR MORE:] The property will be sold at a public sale. The proceeds of the sale will be applied first to any amounts you owe to me (including unpaid rent, storage costs, and costs of sale). Any remaining proceeds after payment of amounts owed will be paid to the county treasurer. STORAGE COSTS: You are responsible for reasonable storage costs incurred from the date of your vacancy. Storage costs are calculated at $[Amount] per day. As of the date of this notice, storage costs total $[Amount]. Additional storage costs will accrue until the property is claimed or the deadline passes. AMOUNTS OWED: In addition to storage costs, you owe the following amounts, which may be deducted from any sale proceeds: Unpaid Rent: $[Amount] Damages (exceeding security deposit): $[Amount] Cleaning Costs: $[Amount] Storage Costs (as of this date): $[Amount] ---------------------------------------- TOTAL CURRENTLY OWED: $[Amount] Please contact me immediately if you wish to claim your property. If I do not hear from you by [Deadline Date], I will proceed as described above in accordance with California law. Sincerely, [Your Signature] [Your Printed Name] [Title, if applicable] Enclosures: - Photos of abandoned property - Copy of itemized security deposit statement (if applicable)

Enforcement Options and Collection Remedies for Landlords

1. Small Claims Court

Primary Collection Tool: California Small Claims Court is an effective venue for landlords seeking to recover unpaid rent and damage costs from former tenants. You can recover up to $12,500 per claim (or $6,250 if you are a corporation or LLC).

How to File:

Venue: File in the county where the rental property is located or where the tenant resides
Filing Fee: Approximately $30-$100 depending on claim amount
Form: Complete form SC-100 (Plaintiff's Claim and ORDER to Go to Small Claims Court)
Service: Serve the defendant (former tenant) by personal service, substituted service, or certified mail
Hearing: Appear at the scheduled hearing and present your case

What to Bring to Court:

Original lease agreement
Move-in inspection report and photos
Move-out inspection report and photos
Rent payment ledger showing unpaid amounts
Itemized security deposit statement you provided
Contractor invoices or estimates for repairs
Copies of demand letters and certified mail receipts
Timeline of events

Landlord Success Tips: Landlords with thorough documentation typically prevail in security deposit disputes. Side-by-side comparison photos (move-in vs. move-out) are particularly persuasive. Organize your evidence clearly and practice explaining your case concisely. Judges appreciate organized, professional presentations.

2. Civil Court (Unlimited Jurisdiction)

For claims exceeding $12,500, you must file in civil court:

More formal procedures than small claims
Attorney representation recommended (but not required)
Discovery process available (depositions, interrogatories)
Higher filing fees ($435+ for unlimited civil cases)
Longer timeline to resolution (often 12+ months)

3. Defending Against Tenant Claims

Tenants sometimes file suit claiming improper deductions or bad faith. To defend:

Verify 21-day compliance: Confirm you sent the itemized statement within 21 days (keep certified mail receipts)
Document deductions: Have receipts, invoices, and photos supporting each deduction
Show damage vs. wear: Compare move-in and move-out photos to demonstrate tenant-caused damage
Proration evidence: If challenged on depreciation, show how you calculated prorated amounts
Counterclaim if applicable: If the tenant owes you money, file a counterclaim in the same action

Bad Faith Defense: Tenants may claim "bad faith" seeking up to 2x the deposit in penalties. To avoid bad faith findings, ensure you: (1) returned the deposit or itemization within 21 days, (2) only deducted for legitimate items, (3) provided proper documentation, and (4) responded to any tenant inquiries professionally. Courts look at whether you acted reasonably and in good faith.

4. Collecting on a Judgment

If you win a judgment but the tenant does not pay voluntarily:

Wage Garnishment: File an Application for Earnings Withholding Order to garnish up to 25% of the tenant's wages
Bank Levy: File a Writ of Execution to levy the tenant's bank accounts
Property Lien: Record an Abstract of Judgment against any real property the tenant owns
Debtor Examination: Request an Order for Examination to require the tenant to appear and disclose assets
Till Tap: If the tenant operates a business, the sheriff can collect cash from the business register
Vehicle Levy: In some cases, the tenant's vehicle can be levied

Judgment Interest: Judgments accrue interest at 10% per year until paid. This adds up over time and increases the total amount you can collect.

5. Collections Agencies

As an alternative to court action, you can turn the debt over to a collections agency:

Fees: Collections agencies typically charge 25-50% of amounts collected
Credit Reporting: Many agencies report to credit bureaus, impacting tenant's credit score
Less Effort: Agency handles collection calls and letters
Tradeoff: You receive less than the full amount owed, but with less effort

6. Tenant Locator Services

If you cannot locate the former tenant:

Skip tracing services can help locate current addresses
Last known forwarding address from USPS
Social media searches
Public records databases
Process servers often offer locator services

7. Statute of Limitations

Time Limits for Collection:

Written lease claims: 4 years from the date of breach
Oral agreement claims: 2 years from the date of breach
Property damage claims: 3 years from the date of damage
Judgment enforcement: 10 years from date of judgment (renewable)

Do not wait too long to file suit. The clock typically starts from the date the tenant moved out or the rent became due.

Attorney Services for Landlords

Need Help Collecting from a Former Tenant?

I assist landlords with security deposit disputes, unpaid rent collection, damage claims, and small claims court preparation. Whether you need help drafting demand letters, defending against tenant claims, or pursuing judgment collection, I can help you recover what you are owed while ensuring compliance with California law.

How I Can Help Landlords

Demand Letter Drafting: Professional demand letters that clearly state the amount owed, legal basis, and consequences of non-payment
Security Deposit Compliance Review: Ensure your itemized statements and deduction practices comply with Civil Code 1950.5
Documentation Analysis: Review your move-in/move-out documentation to assess the strength of your damage claims
Small Claims Preparation: Organize your evidence, prepare your presentation, and coach you on courtroom procedure
Defense Against Tenant Claims: If a tenant sues you for deposit return or bad faith, I help prepare your defense
Civil Court Representation: For larger claims exceeding small claims limits, I handle litigation from filing through judgment
Judgment Collection: Pursue wage garnishments, bank levies, and property liens to collect on judgments
Policy Review: Review your lease agreements and move-in/move-out procedures to minimize future disputes

Common Landlord Cases I Handle

Tenants who stopped paying rent before moving out
Damage costs exceeding the security deposit
Tenants disputing legitimate deductions
Abandoned property situations
Early lease termination with unpaid obligations
Defense against bad faith penalty claims
Multi-tenant or roommate liability situations
Corporate or property management company representation

When to Consult an Attorney

Consider consulting an attorney if:

The amount owed is substantial (e.g., multiple months' rent plus damage)
The former tenant has threatened legal action or filed a lawsuit
You are uncertain whether your deductions will withstand legal scrutiny
You need help locating assets for judgment collection
The claim exceeds small claims court limits ($12,500)
You want to ensure your procedures comply with California law for future tenancies
The tenant has raised complex defenses (habitability, retaliation, discrimination)

Schedule a Consultation

Book a call to discuss your situation. I will review the facts, assess your legal position, and recommend the most effective strategy for recovering the amounts owed to you.

Contact Information

Email: owner@terms.law

Frequently Asked Questions for Landlords

Under California Civil Code Section 1950.5(b), you can deduct for: (1) unpaid rent through the date the tenant vacated, (2) cleaning costs to restore the unit to the same level of cleanliness as move-in, (3) repair of damages caused by the tenant beyond normal wear and tear, and (4) restoration from unauthorized tenant alterations if required by the lease. You cannot deduct for normal wear and tear, pre-existing conditions, or improvements you wanted to make anyway.

When damage or unpaid rent exceeds the security deposit, you have the right to pursue the tenant for the balance. First, provide a proper itemized statement within 21 days showing all costs and the deposit application. Then send a demand letter to the tenant's forwarding address requesting payment of the remaining balance. If the tenant does not pay, you can file a lawsuit in small claims court (up to $12,500) or civil court for larger amounts.

Thorough documentation is essential: (1) Conduct a detailed move-in inspection with dated photos and written notes, (2) Have the tenant sign the move-in inspection report, (3) Offer and conduct an initial move-out inspection before the tenant leaves, (4) Conduct a final inspection after the tenant vacates with dated photos and video, (5) Obtain written estimates or invoices from contractors for all repairs, (6) Keep the move-in photos alongside move-out photos for direct comparison. This documentation will support your deductions if challenged.

Missing the 21-day deadline is a violation of Civil Code 1950.5(g) that can have serious consequences. Courts may find that you forfeited your right to claim any deductions, meaning you would owe the tenant the full deposit. Additionally, if your failure is deemed "bad faith," the tenant can recover up to twice the deposit amount as a penalty. To avoid this, track your deadlines carefully and send the itemized statement via certified mail before day 21.

You can only charge for carpet cleaning if: (1) the carpet is dirtier than when the tenant moved in (beyond normal wear), and (2) the cleaning is necessary to restore it to move-in condition. You cannot automatically charge for professional cleaning just because a tenant moved out. If the carpet has pet stains, excessive dirt, or damage beyond normal wear, document the condition with photos comparing move-in to move-out, and include the cleaning invoice with your itemized statement.

California Civil Code Sections 1983-1984 require you to send written notice to the tenant before disposing of abandoned property. The notice must describe the property, state whether you believe it is worth more or less than $700, inform the tenant of their right to claim it, and specify the deadline (15 days if personally delivered, 18 days if mailed). If the property is worth $700 or more, you must sell it at public sale and apply proceeds to amounts owed. If worth less than $700, you may dispose of it after the notice period. Do not simply throw away property without following these procedures.

If a tenant disputes your deductions: (1) Respond in writing, addressing each disputed item with reference to your documentation, (2) Provide additional photos or invoices if available, (3) Explain the difference between the move-in and move-out condition, (4) If appropriate, offer a reasonable compromise to avoid litigation. If the tenant files in small claims court, gather all your documentation and appear at the hearing prepared to show the court your move-in/move-out photos, invoices, and the lease agreement.

California Security Deposit Law: Landlord Rights and Obligations

Key Requirements for California Landlords

When Damage Exceeds the Security Deposit

Related Resources

California Security Deposit Law: Landlord Rights and Obligations

Key Requirements for California Landlords

When Damage Exceeds the Security Deposit