California landlords have exactly 21 calendar days after the tenant vacates to return the security deposit — with an itemized statement for any deductions. Miss the deadline and courts can award the tenant twice the deposit plus statutory damages.
This page is a plain-English guide, not legal advice. Consult a licensed California attorney for your specific situation.
Civil Code § 1950.5(g) gives the landlord 21 calendar days after the tenant vacates to send:
The clock starts on the day the tenant returns possession. Weekends and holidays count.
Under Civil Code § 1950.5(l), a landlord who acts in bad faith by retaining any part of the deposit can be liable for:
On a $3,000 deposit, that's a potential $9,000 hit — before attorney's fees. Small claims judges see these cases constantly and lean toward the tenant when the paper trail is thin.
AB 2801 amended Civil Code § 1950.5 to require photographic documentation for nearly all California residential tenancies. For tenancies starting on or after April 1, 2025, landlords must take photos:
Photos must be provided along with the itemized statement. Without them, deductions for damage are much harder to defend in small claims.
Since July 1, 2024, AB 12 caps most California residential security deposits at one month's rent, regardless of whether the unit is furnished. A narrow exception lets small landlords (owning no more than 2 residential properties, no more than 4 total units) collect up to two months. Collecting more triggers the same statutory-damages risk as bad-faith retention.
The clock starts the day the tenant vacates the unit and returns possession (typically by turning in keys). Under California Civil Code § 1950.5(g), the landlord has 21 calendar days from that date to either return the full deposit, provide an itemized statement of deductions, or both. Weekends and holidays count.
California courts generally treat as normal wear and tear: faded or lightly scuffed paint, minor carpet wear in traffic areas, small nail holes from hanging pictures, worn fixtures from ordinary use, and lightly worn appliances. You cannot deduct to restore the unit to better condition than move-in, only to compensate for damage beyond ordinary use.
Yes, but only for cleaning necessary to return the unit to the same level of cleanliness it was in at move-in. Deep-cleaning charges that exceed that baseline are not allowed. Best practice: document unit condition with photos at move-in and move-out per AB 2801 requirements (see below).
Under Civil Code § 1950.5(g)(2), if deductions exceed $125 in the aggregate, the landlord must include copies of receipts, invoices, or (for work not yet completed) good-faith cost estimates. If the tenant requests in writing, the landlord must also provide receipts for individual deductions of any amount.
Send the itemized statement and any refund to the last known address (typically the vacated unit). The 21-day deadline still applies. Save proof of mailing. The tenant's failure to provide a forwarding address does not extend the deadline or excuse compliance.
Under Civil Code § 1950.5(l), a landlord who acts in bad faith by retaining any part of the deposit can be liable for the actual amount owed plus statutory damages of up to twice the amount of the deposit. Bad-faith retention also voids the landlord's right to any deductions, meaning the tenant recovers the full deposit even for legitimate damages. Attorney's fees may also be recoverable in small claims.
Yes — AB 2801 amended Civil Code § 1950.5 to add photograph requirements for nearly all California residential tenancies. Effective July 1, 2025 (for tenancies starting on or after April 1, 2025): landlords must take photographs of the unit's condition (1) within a reasonable time before or at move-in, (2) within a reasonable time after the tenant moves out but before any repairs or cleaning, and (3) within a reasonable time after any repairs. These photos must be provided with the itemized statement.
As of July 1, 2024, AB 12 capped most California residential security deposits at one month's rent, regardless of whether the unit is furnished. A limited exception allows up to two months' rent for landlords who own no more than two residential properties collectively containing no more than four units — but only for the small-landlord exemption. Collecting more than the cap can trigger the same 2x statutory damages as bad-faith retention.
California state law does not require paying interest on security deposits. However, many local ordinances do — including Los Angeles, San Francisco, West Hollywood, Berkeley, Santa Monica, and Watsonville — with rates set annually. Check your local rent-control or landlord-tenant ordinance.
You can deduct unpaid rent and reasonable damages, but you still must send the itemized statement within 21 days and cannot keep the entire deposit as a blanket "lease-break penalty." California requires landlords to mitigate damages by attempting to re-rent, so you can only deduct rent for the period the unit was actually vacant while you made reasonable efforts to find a new tenant.
Legal Disclaimer
This guide summarizes California Civil Code § 1950.5 and related statutes in plain English. It is NOT legal advice and does not create an attorney-client relationship. Local ordinances (Los Angeles, San Francisco, Oakland, Berkeley, and others) may impose additional deposit interest or return requirements. For advice specific to your situation, consult a licensed California attorney.
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