California Security Deposit Law: Timelines and Lawful Deductions

California security deposit law sets a ceiling on what a landlord may collect, limits what can be taken out of it, and imposes a hard deadline for returning the rest. All of it lives in Civil Code section 1950.5, which has been amended three times since 2023 — the one-month cap, the photo requirements and the electronic-refund rule are all recent.

How much a landlord can collect

Under section 1950.5(c)(1), a landlord generally may not demand a security deposit greater than one month’s rent, in addition to the first month’s rent. The same limit applies whether the unit is furnished or unfurnished. This cap took effect on July 1, 2024 (AB 12); it does not apply to deposits collected before that date.

“Security” is defined broadly: it means any payment, fee, deposit or charge imposed at the start of a tenancy to cover rent, damage or cleaning. A pet deposit, a “move-in fee” or a “cleaning deposit” all count toward the one-month cap. No part of it can be labelled nonrefundable.

The small-landlord exception. Section 1950.5(c)(5) lets a landlord collect up to two months’ rent if the landlord is a natural person, or an LLC whose members are all natural persons, and owns no more than two residential rental properties with no more than four units in total. The exception does not apply when the tenant is a service member.

The 21-day deadline

Under section 1950.5(h), the landlord must act no later than 21 calendar days after the tenant has vacated. Within that window the landlord must return any remaining deposit and send an itemized statement of anything deducted. Calendar days, not business days: move out on March 3 and the deadline is March 24. The security deposit calculator works out your date.

Since January 1, 2026, if you paid your deposit or rent electronically, the refund must also be made electronically to the account you designate, unless you agree otherwise in writing (AB 414). Otherwise it arrives by personal delivery or mailed check.

What can lawfully be deducted

Section 1950.5(b) limits deductions to four purposes:

• Unpaid rent
• Repair of damage caused by the tenant or the tenant’s guests, excluding ordinary wear and tear
• Cleaning needed to return the unit to the level of cleanliness it had at the start of the tenancy
• Restoring or replacing personal property, where the rental agreement allows it

Section 1950.5(e) bars charges for conditions that pre-existed the tenancy and for ordinary wear and tear, including its cumulative effect over one or more tenancies. Since AB 2801, a landlord also cannot require or charge for professional carpet cleaning or other professional cleaning unless it is reasonably necessary to restore the unit to its move-in condition. Worked examples are in California security deposit deductions and what counts as normal wear and tear.

Receipts and photos

For repair and cleaning deductions, the itemized statement must include copies of receipts or invoices — or, for the landlord’s own work, a description of the time spent and the hourly rate. Documentation is not required when repair and cleaning deductions total $125 or less, though the tenant can still request it within 14 days.

AB 2801 added photo requirements. Since April 1, 2025, the landlord must photograph the unit after the tenant moves out but before any repairs or cleaning, and again after the work is done. For tenancies beginning on or after July 1, 2025, the landlord must also photograph the unit at the start of the tenancy. The photos must go to the tenant with the itemized statement.

The pre-move-out inspection

Once either side gives notice to end the tenancy, the landlord must tell the tenant in writing that they can request an initial inspection and be present for it. The inspection can happen no earlier than two weeks before the move-out date, with at least 48 hours’ written notice. The landlord leaves a list of proposed deductions, and the tenant can fix those items before leaving. It is the single best way to avoid a dispute. See how to get your security deposit back, step by step.

If the deadline passes

If 21 days pass with no refund and no itemized statement, the landlord has not complied with the statute. A landlord who fails to comply in bad faith loses any claim to the deposit, and under section 1950.5(m) a court may award statutory damages of up to twice the amount of the deposit in addition to actual damages. The landlord carries the burden of proving that deductions were reasonable.

The usual first step is a written demand — the demand letter builder produces one citing the statute. If that fails, small claims court handles claims up to $12,500 for an individual, without lawyers, and section 1950.5 expressly allows deposit claims there. Keep your move-out photos, the itemized statement if one arrived, and proof of the date you returned the keys.

When the building is sold

If the landlord sells while you live there, the deposit must either be transferred to the new owner — with written notice to you — or refunded to you with an accounting. A buyer who takes over without that happening can be held jointly responsible for returning it. See landlord selling the house you rent.

Questions people ask

Is a security deposit capped at one month’s rent in California?

Yes, for deposits collected on or after July 1, 2024, unless the landlord qualifies for the small-landlord exception, which allows two months.

Does the 21-day clock count weekends?

Yes. The statute says calendar days.

Can a landlord keep my whole deposit for cleaning?

Only the amount reasonably needed to return the unit to its move-in level of cleanliness, supported by receipts or invoices where the total exceeds $125.

Related California renter guides

• Security deposit deductions: what landlords can and can’t charge
• How to get your security deposit back, step by step
• Security deposit demand letter template
• Normal wear and tear in California
• Pet deposits and emotional support animals
• Printable California tenant rights checklist

This page explains what the cited California law says. It is not legal advice. Last verified September 28, 2026.