Getting your security deposit back in California

How much a landlord may charge

Since July 1, 2024, most California landlords may not charge a security deposit of more than one month's rent, whether the unit is furnished or not. A narrow exception allows certain small landlords, generally individuals who own no more than two residential rental properties with no more than four units in total, to charge up to two months' rent. The exception does not apply to deposits from service members.

Every amount collected to protect the landlord against unpaid rent or damage counts toward the deposit, whatever it is called. A non-refundable cleaning fee or move-in fee is generally not allowed under section 1950.5. If your deposit was higher than the law allows, ask an attorney what you can recover.

Before you move out

Once you or your landlord gives notice to end the tenancy, the landlord must tell you in writing that you have the right to request an initial inspection. The inspection happens no earlier than two weeks before you move out. The landlord then gives you a list of the repairs or cleaning they intend to charge for, so you have a chance to fix them yourself before you leave.

Take dated photos and videos of every room on your last day, return all keys and give the landlord your forwarding address in writing. A forwarding address avoids disputes about where the statement and the refund should be sent.

• Request the initial inspection in writing and keep a copy.
• Photograph walls, floors, appliances and fixtures at move-in and at move-out.
• Send your forwarding address by a method you can prove.

The 21-day rule and the itemized statement

Within 21 days after you move out, the landlord must return the full deposit or send an itemized statement of deductions and refund the rest. If the deductions for repairs or cleaning add up to more than $125, the landlord must generally attach copies of invoices or receipts. If the landlord or an employee did the work, the statement must describe it, the time spent and a reasonable hourly rate.

If repairs could not be completed within 21 days for a good reason, the landlord may send a good-faith estimate and then provide the receipts within 14 days after the work is done. Charges for normal wear and tear, such as faded paint or carpet worn by ordinary use, are not allowed.

If the landlord keeps the deposit

Start with a short letter that states the move-out date, the amount you believe is owed and why, and a deadline for payment. Keep a copy. Many disputes end at this stage, especially when the landlord missed the 21-day deadline or failed to attach receipts.

If the landlord does not pay, you can sue. Individual tenants can bring a claim of up to $12,500 in small claims court, where attorneys generally do not appear for the parties. A court can award the amount wrongfully withheld and, if the landlord acted in bad faith, statutory damages of up to twice the amount of the deposit.