Security Deposit Not Returned in California: What Can I Do?
This page explains California's statewide rules for security deposits. It covers how much a landlord can charge and the move-out inspection. It also covers the 21-day return deadline and what you can do if your landlord keeps your money. Some cities add stricter rules; check your city's guide.
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Since July 1, 2024, your landlord may charge a deposit of at most 1 month's rent. That is on top of the first month's rent. If your rent is $2,000, the most your landlord can ask for as a deposit is $2,000. Deposits collected before July 1, 2024 are not covered by this cap.
✓ Sources checked September 21, 2026
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A small landlord may charge up to 2 months' rent as a deposit. A small landlord is a person, or an LLC owned only by people. This also includes a landlord who owns through a family trust for close relatives, like a spouse, child, or parent. A small landlord must own no more than 2 rental properties with no more than 4 units in total. On $2,000 rent, that is up to $4,000. If you are a service member, a small landlord cannot use this 2-month rule.
✓ Sources checked September 21, 2026
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Your deposit is refundable. A lease cannot call any part of it "nonrefundable". Your landlord may only keep money for 4 things. These are unpaid rent, damage you or your guests caused, and cleaning to the level when you moved in. The fourth is replacing the landlord's furniture, if your lease allows it.
California Legislative Information Civ. Code § 1950.5(b) California Attorney General Know Your Rights: Security Deposits✓ Sources checked September 22, 2026
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Your landlord cannot charge your deposit for normal wear and tear (the ordinary wear that comes from living in a home). Your landlord also cannot charge for damage that existed before you moved in. Professional carpet cleaning can only be charged if it is really needed.
✓ Sources checked September 22, 2026
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Your landlord must write to you within a reasonable time after either of you gives notice to end the tenancy, or before your lease ends. The letter must say you can ask for an initial inspection (a check of the home before you leave) and be there for it. Ask for it. The inspection happens at a reasonable time, no earlier than 2 weeks before your tenancy or lease ends.
RenterLaw editorial California Legislative Information Civ. Code § 1950.5(f)(1) California Attorney General Know Your Rights: Security Deposits✓ Sources checked September 23, 2026
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Your landlord must give you 48 hours' written notice of the inspection date and time, unless you both sign a paper giving up that notice. After the inspection, your landlord must give you an itemized list of proposed deductions. You can then fix those items before you leave.
✓ Sources checked September 22, 2026
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Your landlord must take photos of the home. For tenancies that started on or after July 1, 2025, the landlord must photograph the home right before or when you move in. Since April 1, 2025, the landlord must also photograph the home after you move out. Those photos must be taken before any repairs or cleaning they will charge you for, and again after that work is done. If the landlord deducts for repairs or cleaning, they must send you those photos with the itemized statement.
✓ Sources checked September 21, 2026
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Your landlord has 21 calendar days after you move out to return your deposit. The clock starts the day you leave the home. In that time, the landlord must send you an itemized statement (a written list of each deduction and why) and the rest of your money.
✓ Sources checked September 22, 2026
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If the deductions for repairs and cleaning add up to more than $125, your landlord must send you receipts. Copies of the receipts or invoices come with the itemized statement. If the landlord or their employee did the work, the statement must describe the work, the hours spent, and the hourly rate. If the total is $125 or less and you did not get receipts, you can still ask for them. Ask within 14 days of getting the statement. Your landlord then has 14 days to send them.
California Legislative Information Civ. Code § 1950.5(h)(5) California Courts Self-Help Guide Returning security deposits✓ Sources checked September 21, 2026
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If 21 days pass with no deposit, or you disagree with the deductions, first write your landlord a letter asking for the money. Keep a copy. The California Courts website has a free tool that writes this demand letter for you. Keep your lease, your receipt or canceled check, your move-in and move-out photos, and every message from the landlord. In court, any credible evidence can prove you paid the deposit and how much.
California Legislative Information Civ. Code § 1950.5(p) California Courts Self-Help Guide If a landlord doesn't return a security deposit California Courts Self-Help Guide Demand letter for security deposit✓ Sources checked September 21, 2026
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Your landlord may keep your deposit in bad faith (on purpose, without a real reason). If so, a court can order a penalty of up to 2 times the deposit. The court can also order your landlord to cover real losses you can prove. Both come on top of the deposit itself. If your deposit was $2,000, you can ask for the $2,000 back plus up to $4,000 more in penalty. That is $6,000, before other losses you can prove. The judge decides whether to add the penalty.
California Legislative Information Civ. Code § 1950.5(m) California Courts Self-Help Guide Sue in small claims court (or civil court)✓ Sources checked September 22, 2026
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You can sue your landlord in small claims court for the deposit and the penalty. Small claims court is a simpler court where you do not need a lawyer. A person can ask for up to $12,500 there. If your claim is larger, you can give up the extra amount and still use small claims. Or you can file in regular civil court. You get this money only if you win your case and your landlord pays.
RenterLaw editorial California Legislative Information Civ. Code § 1950.5(o) California Legislative Information Code Civ. Proc. § 116.221 California Courts Self-Help Guide Security deposit refund✓ Sources checked September 21, 2026
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In court, your landlord must prove that each deduction was reasonable. You do not have to prove it was wrong. The landlord may have failed in bad faith to send the statement, receipts, or money on time. If so, the landlord loses the right to keep any of the deposit.
California Legislative Information Civ. Code § 1950.5(h)(7) California Attorney General Know Your Rights: Security Deposits✓ Sources checked September 21, 2026
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This rule is for renters who ended a lease early because of violence. You or someone you live with must have been a victim in the last 180 days. Your landlord cannot use your deposit for rent after the lease ended, or as a penalty for ending it early. This protection applies only if you sent a written notice under Civil Code section 1946.7.
✓ Sources checked September 23, 2026
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The initial inspection rule does not apply if the tenancy is ending over a 3-day notice. That means a notice for unpaid rent, a lease violation, or a nuisance or other serious misuse of the home.
California Legislative Information Civ. Code § 1950.5(f)(7) California Legislative Information Code Civ. Proc. § 1161(4)✓ Sources checked September 23, 2026
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