California security deposit law: when must my landlord return it?

In California your landlord has 21 calendar days after you move out to return your security deposit, or to send an itemized statement of what was kept and why, together with the rest of the deposit.¹ The landlord may keep money only for unpaid rent, damage beyond ordinary wear and tear, cleaning back to the move-in standard, and a few similar costs.² Keeping a deposit in bad faith can cost the landlord up to twice the deposit on top of what you lost,³ and you can claim it in small claims court, where neither side may have a lawyer.⁴⁵ Below: the rules, what to do on day 22, and a demand letter you can send.

How much can a landlord ask as a deposit?

• One month's rent, in addition to the first month's rent paid at move-in.⁶
• Two months' rent if the landlord is a natural person (or an LLC whose members are all natural persons) who owns no more than two residential rental properties with no more than four units in total. This exception does not apply when the tenant is a service member.⁷
• These caps do not apply to a deposit collected before July 1, 2024.⁸
• A lease may not call any part of the deposit "nonrefundable."⁹

What may the landlord deduct?

Only amounts that are reasonably necessary¹⁰ for these purposes:²

1. unpaid rent;²
2. repairing damage caused by you or your guests, excluding ordinary wear and tear;²
3. cleaning needed to return the unit to the level of cleanliness it had when you moved in;²
4. replacing or returning personal property (such as furniture) if the lease allows the deposit to be used for it, again excluding ordinary wear and tear.²

The landlord may not charge you for damage or defects that existed before your tenancy, for ordinary wear and tear (whenever it happened), or for the accumulated wear of several tenancies.¹¹ Professional carpet or other professional cleaning may be charged only if it is reasonably necessary to restore the move-in condition.¹²

The pre-move-out inspection

When either of you gives notice, the landlord must tell you in writing that you may ask for an initial inspection and be present at it.¹³

• The inspection takes place no earlier than two weeks before the tenancy ends, with at least 48 hours' written notice unless you both waive it in writing.¹³
• Afterwards the landlord gives you an itemized list of the repairs and cleaning that might be deducted,¹⁴ and you have until move-out to fix them.¹⁵
• If the unit was empty enough to see everything, the landlord may not later deduct for repairs or cleaning that were not on that list.¹⁶ Damage that occurs after the inspection, or that your belongings hid, can still be deducted.¹⁷

Ask for this inspection. It is the cheapest way to keep your deposit.

Photos

• Tenancies beginning on or after July 1, 2025: the landlord must photograph the unit immediately before or at the start of the tenancy.¹⁸
• Since April 1, 2025: the landlord must photograph the unit after you return it, before any repairs or cleaning that will be deducted, and again after that work is done.¹⁸
• If the landlord deducts for repairs or cleaning, those photos go to you with the itemized statement.¹⁹

Take your own dated photos and video on the day you move in and the day you leave.

The 21-day deadline and what you must receive

No later than 21 calendar days after you have vacated, the landlord must send you an itemized statement of the deposit received and what happened to it, and return whatever is left.¹ With that statement come:¹⁹

• for work the landlord or an employee did: a description of the work, the time spent and the hourly rate;
• for work by someone else: a copy of the bill, invoice or receipt, with the contractor's name, address and phone number;
• for materials: a copy of the bill or receipt.

If repairs are not finished within 21 days, the landlord may deduct a good-faith estimate and must send the receipts within 14 days of finishing the work.²⁰

Deductions of $125 or less need no receipts,²¹ but if you ask for the documents within 14 days of receiving the statement, the landlord must send them within 14 days of your request.²²

How the money comes back. By check or personal delivery; if you paid the deposit or rent electronically, electronically to the account you designate in writing.¹

Where it is sent. Mail goes to the address you give the landlord; without one, it goes to the unit you left.²³ Give your forwarding address in writing.

If the landlord does not comply

• A landlord who in bad faith fails to follow these rules loses the right to keep any part of the deposit.²⁴
• A bad-faith claim or retention can lead to statutory damages of up to twice the deposit, in addition to your actual damages, and the court may award them even if you did not ask.³
• The burden of proof is on the landlord to show that the amounts kept were reasonable.³
• You can bring this claim in small claims court if the total stays within the small claims limit,⁴ which is $12,500 for an individual.²⁵ Neither side may have a lawyer at that hearing.⁵
• You can prove the deposit with any credible evidence: a canceled check, a receipt, the lease, the landlord's own statements, or a statement under penalty of perjury.²⁶

How to file, the fees and what the court can do are explained in Do you need a lawyer for small claims court in California?

What to do, step by step

1. When you give notice: ask in writing for the initial inspection,¹³ and fix what is on the list.¹⁵
2. When you leave: photograph every room, return the keys, and give your forwarding address in writing,²³ with your bank details if you paid rent electronically.¹
3. Day 22: if you have received neither the money nor a complete itemized statement,¹ send a demand letter (below). The small claims form asks you to state that you asked for payment before filing.²⁷
4. No answer by your deadline: file in small claims court,⁴ claiming the deposit and, if the landlord acted in bad faith, up to twice the deposit as statutory damages.³

Demand letter: return of security deposit

[Your name] [Forwarding address, e-mail]

[Date]

[Landlord's name] [Landlord's address]

Re: Return of security deposit, [rental address]

Dear [name],

I vacated [rental address] on [date] and returned the keys on [date]. I paid a security deposit of $[amount] on [date].

Under California Civil Code section 1950.5(h), you were required, within 21 calendar days after I vacated, to return my deposit or send me an itemized statement of any deductions with copies of the supporting bills, invoices or receipts. That period ended on [date]. [I have received neither. / The statement I received on [date] does not include the documents the statute requires and deducts $[amount] for [item], which is ordinary wear and tear.]

Please return $[amount] by [date, for example 10 days from today] to [forwarding address / bank account]. If I do not receive it by then, I will file a claim in small claims court for the deposit and for statutory damages of up to twice the amount of the deposit under section 1950.5(m) for bad-faith retention.

Sincerely,

[Your name]

Send it in a way you can prove: certified mail with a return receipt, or e-mail plus regular mail. Keep a copy.

Before you pay for a lawyer, check your case

Tell Savion what happened. It reads Civil Code section 1950.5 against your facts and tells you:

• whether the 21-day deadline has passed, and which deductions the statute allows;
• whether the landlord sent everything the statement must include;
• your demand letter, filled in with your dates and amounts, ready to sign.

If your case does need a lawyer, Savion writes a one-page summary of the facts and the law, so that a free consultation is spent on your case rather than on retelling it.

Savion gives legal information, not legal advice. The statements above are based on the statutory text listed under References, as retrieved on 25 October 2026. Some California cities add rules of their own in local rent ordinances. For your specific situation, read those sections or speak to a California-licensed attorney.

References

1. Cal. Civ. Code § 1950.5(h)(1) (itemized statement and return of the remaining security no later than 21 calendar days after the tenant has vacated; method of return, including electronic return where the tenant paid electronically). Version effective January 1, 2026. Official text: California Legislative Information, leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩ ↩² ↩³ ↩⁴ ↩⁵

2. Cal. Civ. Code § 1950.5(b)(1)–(4) (purposes for which security may be used: rent default, repair of damage exclusive of ordinary wear and tear, cleaning to the level at the inception of the tenancy, restoring personal property). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶

3. Cal. Civ. Code § 1950.5(m) (bad-faith claim or retention: statutory damages of up to twice the amount of the security in addition to actual damages; award whether or not requested; landlord's burden of proof). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩ ↩² ↩³ ↩⁴

4. Cal. Civ. Code § 1950.5(o) (an action under the section may be brought in small claims court within the jurisdictional amount of Code Civ. Proc. §§ 116.220 or 116.221). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩ ↩² ↩³

5. Cal. Civ. Proc. Code § 116.530(a) (no attorney may take part in the conduct or defense of a small claims action). Effective January 1, 2004. Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩ ↩²

6. Cal. Civ. Code § 1950.5(c)(1) (security may not exceed one month's rent, in addition to the first month's rent). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

7. Cal. Civ. Code § 1950.5(c)(5) (two months' rent for a natural-person landlord owning no more than two residential rental properties with no more than four units; not applicable to service members). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

8. Cal. Civ. Code § 1950.5(c)(6) (subdivision (c) does not apply to security collected before July 1, 2024). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

9. Cal. Civ. Code § 1950.5(n) (no lease provision may characterize security as "nonrefundable"). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

10. Cal. Civ. Code § 1950.5(e)(1) (only amounts reasonably necessary for the purposes in subdivision (b)). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

11. Cal. Civ. Code § 1950.5(e)(2)(A) (no claim for preexisting damage, ordinary wear and tear, or cumulative wear and tear). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

12. Cal. Civ. Code § 1950.5(e)(2)(C) (professional cleaning only if reasonably necessary to restore the condition at the inception of the tenancy). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

13. Cal. Civ. Code § 1950.5(f)(1) (written notice of the right to an initial inspection; inspection no earlier than two weeks before termination; 48 hours' written notice unless waived in writing). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩ ↩² ↩³

14. Cal. Civ. Code § 1950.5(f)(2) (itemized statement of proposed deductions after the initial inspection). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

15. Cal. Civ. Code § 1950.5(f)(3) (opportunity to remedy identified deficiencies until termination). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩ ↩²

16. Cal. Civ. Code § 1950.5(f)(4) (no deduction for repairs or cleaning not identified in the statement, where possessions did not prevent identification). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

17. Cal. Civ. Code § 1950.5(f)(6) (deductions remain possible for damage occurring after the initial inspection or hidden by the tenant's possessions). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

18. Cal. Civ. Code § 1950.5(g)(1)–(2) (photographs at the inception of tenancies beginning on or after July 1, 2025; photographs after possession is returned and after repairs, beginning April 1, 2025). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩ ↩²

19. Cal. Civ. Code § 1950.5(h)(2)(A)–(D) (documents to accompany the itemized statement: description, time and rate for own work; bills, invoices or receipts for others' work and materials; photographs). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩ ↩²

20. Cal. Civ. Code § 1950.5(h)(3) (good-faith estimate where repairs cannot be completed within 21 days; documentation within 14 days of completion). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

21. Cal. Civ. Code § 1950.5(h)(4)(A) (documentation not required where deductions for repairs and cleaning do not exceed $125). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

22. Cal. Civ. Code § 1950.5(h)(5) (documentation on the tenant's request within 14 days of receiving the statement; landlord to comply within 14 days). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

23. Cal. Civ. Code § 1950.5(h)(6) (mailings to the address provided by the tenant, otherwise to the vacated unit). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩ ↩²

24. Cal. Civ. Code § 1950.5(h)(7) (no entitlement to any amount of the security where the landlord in bad faith fails to comply with subdivision (h)). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

25. Cal. Civ. Proc. Code § 116.221 (small claims limit of $12,500 for actions brought by a natural person). Effective January 1, 2024. Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

26. Cal. Civ. Code § 1950.5(p) (existence and amount of the security may be proved by any credible evidence). Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩

27. Cal. Civ. Proc. Code § 116.320(b) (small claims claim form states that the plaintiff, where possible, demanded payment). Effective January 1, 2008. Official text: leginfo.legislature.ca.gov. Accessed October 25, 2026. ↩