Security Deposit Not Returned in California: What Can I Do?

What the law says

1. 1

   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.

   Source:

   1. Civ. Code § 1950.5(c)(6), California Legislative Information. Law.
2. 2

   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.

   Source:

   1. Civ. Code § 1950.5(c)(5)(C)(ii), California Legislative Information. Law.
3. 3

   Your deposit must come back to you. A lease cannot call any part of it nonrefundable (money you never get back). 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.

   Sources:

   1. Civ. Code § 1950.5(b), California Legislative Information. Law.
   2. Know Your Rights: Security Deposits, California Attorney General. A government guide.
4. 4

   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.

   Source:

   1. Civ. Code § 1950.5(e)(2)(C), California Legislative Information. Law.
5. 5

   Your landlord must take photos of the home. For rentals 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 takes money out of your deposit for repairs or cleaning, they must send you those photos. They must also send the list of what was taken out and why.

   Source:

   1. Civ. Code § 1950.5(h)(2)(D), California Legislative Information. Law.
6. 6

   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 a written list of what was taken out and why, along with the rest of your money.

   Source:

   1. Returning security deposits, California Courts Self-Help Guide. A government guide.
7. 7

   If the money taken out for repairs and cleaning adds up to more than $125, your landlord must send you receipts. Copies of the receipts or bills come with the list of what was taken out and why. 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.

   Sources:

   1. Civ. Code § 1950.5(h)(5), California Legislative Information. Law.
   2. Returning security deposits, California Courts Self-Help Guide. A government guide.
8. 8

   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.

   Source:

   1. Ending a rental agreement early due to violence, California Courts Self-Help Guide. A government guide.

Ask for your deposit back

9. 9

   Your landlord must write to you within a reasonable time after either of you gives notice to end your rental, 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 rental or lease ends.

   Sources:

   1. Our editorial rules.
   2. Civ. Code § 1950.5(f)(1), California Legislative Information. Law.
   3. Know Your Rights: Security Deposits, California Attorney General. A government guide.
10. 10

    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 a list of the repairs or cleaning it plans to charge you for, and why. You can then fix those items before you leave.

    Source:

    1. Civ. Code § 1950.5(f)(2), California Legislative Information. Law.
11. 11

    If 21 days pass with no deposit, or you disagree with what your landlord kept, 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.

    Sources:

    1. Civ. Code § 1950.5(p), California Legislative Information. Law.
    2. If a landlord doesn't return a security deposit, California Courts Self-Help Guide. A government guide.
    3. Demand letter for security deposit, California Courts Self-Help Guide. A government guide.
12. 12

    The initial inspection rule does not apply if your rental is ending under a 3-day notice. That notice can be for unpaid rent, breaking your lease, or a nuisance. It can also be for other serious misuse of the home.

    Sources:

    1. Civ. Code § 1950.5(f)(7), California Legislative Information. Law.
    2. Code Civ. Proc. § 1161(4), California Legislative Information. Law.

If your landlord does not pay

13. 13

    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.

    Sources:

    1. Civ. Code § 1950.5(m), California Legislative Information. Law.
    2. Sue in small claims court (or civil court), California Courts Self-Help Guide. A government guide.

Going to court

14. 14

    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.

    Sources:

    1. Our editorial rules.
    2. Civ. Code § 1950.5(o), California Legislative Information. Law.
    3. Code Civ. Proc. § 116.221, California Legislative Information. Law.
    4. Security deposit refund, California Courts Self-Help Guide. A government guide.
15. 15

    In court, your landlord must prove that each amount it took out 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.

    Sources:

    1. Civ. Code § 1950.5(h)(7), California Legislative Information. Law.
    2. Know Your Rights: Security Deposits, California Attorney General. A government guide.