Security Deposit Deadlines FAQ

Under California Civil Code Section 1950.5(f), tenants have the right to request a pre-move-out inspection, which is a walkthrough of the rental unit with the landlord before the final move-out date. The purpose of this inspection is to identify any conditions that the landlord might deduct from the security deposit, giving the tenant the opportunity to remedy those issues before vacating.

The landlord is required to notify the tenant in writing of their right to request this inspection, and this notice must be given at the time the landlord receives notice of the tenant's intent to terminate the tenancy or when the landlord gives notice to terminate. To request the inspection, the tenant should notify the landlord in writing. The inspection must be scheduled within two weeks before the termination date at a mutually agreeable time. During the inspection, the landlord must give the tenant an itemized statement identifying deficiencies. The tenant then has the opportunity to make repairs before the tenancy ends, potentially avoiding deductions. If the landlord fails to comply with inspection requirements, they may face limitations on what can be deducted from the deposit.

The 21-day deadline for returning a security deposit under California Civil Code Section 1950.5(g) begins when the tenant vacates the rental unit and returns possession to the landlord. This typically means the day the tenant physically moves out and surrenders all keys, garage door openers, access cards, and other means of entry to the landlord. The 21-day period does not start from the lease termination date if the tenant remains in possession after that date, nor does it start from the date the tenant gives notice of intent to vacate. The key factor is actual surrender of possession.

If there is a dispute about when possession was surrendered, evidence such as when keys were returned, the date utilities were transferred out of the tenant's name, or witness testimony about when the unit was vacated becomes important. Landlords should document the date they received possession, and tenants should obtain written acknowledgment of key return. All 21 calendar days count, including weekends and holidays. If the 21st day falls on a Sunday or holiday, the deadline is not extended to the next business day.

California Civil Code Section 1950.5(g) provides limited circumstances where a landlord may have additional time beyond the initial 21-day deadline for security deposit matters. If the landlord cannot complete repairs within 21 days, they may provide the tenant with a good faith estimate of the repair costs within the 21-day period, along with the portion of the deposit not being withheld for those pending repairs. The landlord must then provide the final itemized statement with actual costs and documentation within 14 days after the repairs are completed.

However, this is not truly an extension of the 21-day rule, as the landlord must still provide initial documentation and the remaining deposit within 21 days. The 14-day additional period only applies to finalizing repair documentation. Landlords cannot simply claim they need more time and delay the entire process. If a landlord fails to meet these deadlines, they risk losing the right to make deductions and may face bad faith penalties. Tenants should be aware that landlords sometimes improperly claim extensions that the law does not actually permit, and such violations can be challenged.

California Civil Code Section 1950.5(f) requires landlords to provide tenants with written notice of their right to request an initial inspection before move-out. This notice must be given at a specific time, either when the landlord receives the tenant's notice of intent to vacate, or when the landlord gives notice to terminate the tenancy.

The notice must inform the tenant that they have the right to request an initial inspection and to be present during that inspection. It must explain that the purpose of the inspection is to identify deficiencies that, if not corrected, may result in deductions from the security deposit. The notice should state that the tenant may request the inspection by making the request in writing, and it typically must include information about how to make that request. If the landlord fails to provide this required notice, the landlord may be limited in the deductions they can make from the security deposit. Tenants should retain a copy of this notice and respond in writing if they wish to exercise their inspection rights. Documentation of all notices is important for both parties.

The 21-day calculation for California security deposit returns under Civil Code 1950.5(g) is straightforward calendar counting. Day one begins the day after the tenant vacates and surrenders possession of the rental unit. All calendar days are counted, including Saturdays, Sundays, and legal holidays. For example, if a tenant returns keys and vacates on March 1, day one of the 21-day period is March 2, and the deadline would be March 22.

The landlord must either return the full deposit or provide the itemized statement and remaining balance so that it is received by or postmarked by the 21st day. Courts generally look at the postmark date on mailed correspondence to determine compliance. If the itemized statement is sent via certified mail, the postmark provides clear evidence of when it was sent. If sent by regular mail, the landlord should keep records of when it was mailed. Electronic delivery may be permissible if agreed to by both parties. Missing the deadline by even one day can result in legal consequences for the landlord, including potential bad faith penalties, so precise calculation is important for both landlords and tenants to verify compliance.

When a California landlord cannot complete necessary repairs within the 21-day deadline established by Civil Code Section 1950.5(g), specific procedures must be followed. The landlord must still provide an itemized statement within 21 days that includes a good faith estimate of the repair costs for work not yet completed. This estimate must be reasonable and based on actual anticipated costs, not inflated figures. Along with the estimate, the landlord must return the portion of the security deposit that is not being withheld for the pending repairs and any other documented deductions.

Within 14 days after the repairs are actually completed, the landlord must provide the tenant with a final itemized statement that includes the actual costs of repairs, copies of receipts or invoices for work exceeding $125, and any additional refund owed if the actual costs were less than the estimate. If the actual repair costs exceed the estimate, the landlord generally cannot collect the additional amount from the tenant beyond what was originally withheld. Landlords should not use incomplete repairs as an excuse to delay the entire deposit return process, as only the portion attributable to pending repairs can be withheld beyond 21 days.

The notice required before moving out in California depends on the type of tenancy and lease terms. For month-to-month tenancies, California Civil Code Section 1946 requires tenants to give at least 30 days written notice before terminating the tenancy. This notice should be given to the landlord or their agent and should clearly state the date the tenant intends to vacate. For fixed-term leases, the lease itself governs the notice requirements, and tenants typically are not required to give additional notice if the lease simply expires without renewal, though many leases contain specific notice provisions.

If a tenant gives inadequate notice or abandons the property without proper notice, the landlord may be entitled to deduct rent for the notice period from the security deposit. For example, if a month-to-month tenant gives only 15 days notice, the landlord could deduct 15 days of rent from the deposit to cover the required notice period. Some local rent control ordinances may have different notice requirements, so tenants should verify local rules. Providing proper written notice and keeping a copy protects tenants from disputes over notice compliance and related deposit deductions.

After receiving an itemized statement with deductions from your California security deposit, you should act promptly to dispute any improper charges, though the law does not specify a particular deadline for tenants to respond. Best practice is to send a written dispute letter within 14 to 30 days of receiving the itemized statement, while details are fresh and evidence is readily available.

Your dispute letter should identify each deduction you are contesting, explain why it is improper under Civil Code 1950.5, and demand return of the wrongfully withheld amount within a specified timeframe, typically 10 to 14 days. If the landlord does not respond satisfactorily, you can file a small claims court case. The statute of limitations for security deposit claims ranges from two to four years depending on the legal theory, but filing sooner is always advisable. A two-year limitation generally applies to statutory claims under Civil Code 1950.5, while a four-year limitation applies to written contract claims. Delays in filing make it harder to gather evidence, locate witnesses, and convince a judge of your claims. Prompt action demonstrates you take the matter seriously and can strengthen your position in negotiations or court.

No, weekends and holidays do not extend the 21-day security deposit return deadline under California Civil Code Section 1950.5(g). Unlike some legal deadlines that are extended when they fall on a weekend or holiday, the security deposit statute uses calendar days with no exceptions for non-business days. If the 21st day falls on a Saturday, Sunday, or legal holiday such as Thanksgiving, Christmas, or Labor Day, the landlord is still required to have the deposit return and itemized statement postmarked by that date.

Landlords should plan accordingly and not wait until the last possible day to send the deposit return, as mailing delays or unexpected closures could result in missing the deadline. For tenants tracking compliance, count every calendar day starting from the day after you vacated and returned possession. Mark your calendar with the exact date the 21-day period expires. If that date passes without receiving your deposit or itemized statement, you may have grounds for a demand letter and potential legal action. The strict calendar day counting emphasizes the importance of the deadline and the legislature's intent to ensure timely deposit returns to tenants.

California law imposes significant consequences on landlords who fail to meet security deposit deadlines under Civil Code Section 1950.5. First, a landlord who does not return the deposit or provide an itemized statement within 21 days may forfeit the right to make any deductions at all, meaning the tenant could be entitled to the full deposit regardless of any legitimate claims the landlord might have had.

Second, if the landlord's failure is found to be in bad faith, the tenant may be entitled to statutory damages of up to twice the amount of the security deposit under Section 1950.5(l), in addition to the return of the wrongfully withheld deposit amount. Third, if the tenant files a small claims case and wins, the landlord may also be required to pay court costs and filing fees. Fourth, repeated violations could establish a pattern of bad faith that strengthens future claims against the landlord. Courts take the 21-day deadline seriously as a consumer protection measure, and judges are generally unsympathetic to landlords who miss it without extraordinary circumstances. Even a few days late can result in liability. These consequences provide strong incentives for landlords to comply and strong remedies for tenants when they do not.