California Security Deposit Laws: Tenant Rights FAQ

Under California Civil Code Section 1950.5, landlords must return your security deposit within 21 calendar days after you vacate the rental unit. This 21-day period begins when you move out and return possession of the property to the landlord.

The landlord must either return the full deposit or provide an itemized statement explaining any deductions along with the remaining balance. If the landlord fails to meet this deadline without a valid reason, you may be entitled to recover the full deposit plus additional damages in court. The 21-day deadline is strictly enforced by California courts.

California Civil Code Section 1950.5 limits the purposes for which a landlord can deduct from your security deposit. Permissible deductions include:

• Unpaid rent
• Cleaning costs to return the unit to the same level of cleanliness as when you moved in
• Repair of damages beyond normal wear and tear caused by the tenant or their guests
• Restoration costs if the tenant fails to restore personal property such as keys or parking remotes

Landlords cannot deduct for normal wear and tear, which includes minor scuffs on walls, worn carpeting from normal use, faded paint, or minor nail holes from hanging pictures. Any deduction must be reasonable and documented with receipts or good faith estimates.

Normal wear and tear refers to the natural deterioration of property that occurs through ordinary, everyday use. Examples include:

• Minor scuff marks on walls
• Carpet worn from regular foot traffic
• Faded or cracked paint
• Small nail holes from hanging pictures
• Worn enamel in bathtubs
• Minor scratches on wood floors

Tenant damage, which can be deducted from your deposit, includes large holes in walls, burns or stains on carpets, broken windows or fixtures, excessive filth requiring professional cleaning, pet damage, and unauthorized alterations to the property.

The key distinction is whether the condition resulted from ordinary living or from negligence, abuse, or misuse. California courts generally favor tenants when the distinction is ambiguous.

Under California Civil Code Section 1950.5(g), the landlord's itemized statement must include:

• A detailed description of each item being deducted
• The dollar amount of each deduction
• Copies of receipts for any repairs or cleaning that have been completed

If repairs are not yet completed within the 21-day period, the landlord must provide a good faith estimate of costs and then provide actual receipts within 14 days after the work is done. If the actual costs are less than the estimates, the landlord must refund the difference.

The statement must be sent to the forwarding address you provided or, if none was provided, to the rental unit address. An inadequate or missing itemized statement may result in the landlord forfeiting the right to retain any portion of the deposit.

If a California landlord retains a security deposit in bad faith, they may be liable for up to twice the amount of the security deposit in statutory damages, in addition to returning the wrongfully withheld amount.

Under Civil Code Section 1950.5(l), bad faith means the landlord knew they were not entitled to withhold the deposit or acted with intentional disregard of the tenant's rights. Examples of bad faith include:

• Fabricating damages
• Charging for pre-existing conditions
• Significantly overcharging for repairs
• Failing to provide any itemized statement

To recover these penalties, you typically need to file a lawsuit in small claims court or civil court. Courts look at whether the landlord's conduct was intentional or merely negligent when determining bad faith penalties.

To sue your landlord in California small claims court for your security deposit, follow these steps:

First, gather all documentation including your lease, move-in and move-out inspection reports, photos of the unit's condition, the landlord's itemized statement (if provided), and any correspondence.

Second, send a demand letter to your landlord requesting the return of your deposit and giving them a reasonable deadline (typically 7-14 days).

Third, if they do not comply, file a small claims case at the courthouse in the county where the rental property is located. The filing fee ranges from $30 to $75 depending on the claim amount. California small claims court allows claims up to $12,500 for individuals.

Prepare to present your evidence at the hearing and explain why the deductions were improper or why the landlord failed to comply with the 21-day deadline.

Generally, no. California landlords cannot automatically deduct professional carpet cleaning costs from your security deposit unless the carpets are damaged beyond normal wear and tear. If you left the carpets in the same condition as when you moved in, minus normal wear, the landlord cannot charge for cleaning.

However, if there are stains, pet damage, burns, or excessive soiling that goes beyond normal use, the landlord may deduct reasonable cleaning costs. Some landlords include lease clauses requiring professional carpet cleaning upon move-out, but California courts have found such clauses to be unenforceable if they require cleaning regardless of the carpet's condition.

Document the carpet's condition with photos at move-in and move-out to protect yourself against improper deductions.

To maximize your chances of receiving your full security deposit back, take these steps before moving out:

• Request a pre-move-out inspection from your landlord in writing - they are required to offer one under Civil Code Section 1950.5(f)
• Take date-stamped photos and videos of every room, including closets, appliances, and fixtures
• Clean the unit thoroughly, including appliances, windows, and fixtures
• Repair any damage you caused, such as filling nail holes or touching up paint
• Compare the unit's condition to your move-in inspection report
• Return all keys, remotes, and access devices
• Provide your landlord with a forwarding address in writing for the deposit return

Keep copies of all correspondence and documentation.

California Civil Code Section 1950.5 limits security deposits to two months' rent for unfurnished units and three months' rent for furnished units. As of July 1, 2024, under AB 12, the security deposit limit for most residential tenancies is reduced to just one month's rent, regardless of whether the unit is furnished or unfurnished.

There are exceptions for small landlords who own no more than two residential properties with no more than four units total. Military service members receive additional protections limiting deposits.

The deposit limit includes all refundable deposits, including last month's rent if collected as a deposit. Any amount collected above these limits can be recovered by the tenant, and the landlord may face penalties.

No, you cannot unilaterally decide to use your security deposit as last month's rent unless your landlord explicitly agrees. While some landlords may accept this arrangement, you do not have the legal right to withhold rent and apply your deposit without permission.

If you fail to pay rent and claim your deposit should cover it, the landlord can pursue eviction for nonpayment of rent and potentially sue you for the unpaid amount. The security deposit serves a different legal purpose than rent payment - it secures the landlord against damages and unpaid obligations.

If you want to use your deposit toward final rent, negotiate this with your landlord in writing before your move-out date. Some landlords prefer this arrangement to avoid the 21-day return process.