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California Security Deposit Law

Statute text last checked: October 23, 2026

This page summarizes California statutes for general information only. It is not legal advice, and FlagMyLease is not a law firm. Local ordinances and recent amendments may change what applies to you, so read the linked statute or talk to a licensed attorney or local legal aid office about your situation.

Return deadline

21 days

Statute

Cal. Civ. Code § 1950.5

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How much can a landlord charge?

Generally 1 month's rent (for deposits collected on or after July 1, 2024). A qualifying small landlord (a natural person, or an LLC/family trust of natural persons, owning no more than 2 residential properties with no more than 4 units total) may collect up to 2 months, but not from a service member.

When must the deposit be returned?

Within 21 days after the tenant vacates, the landlord must return the deposit and/or send an itemized statement of deductions.

Key rules

  • Deductions are limited to unpaid rent, cleaning to the move-in level of cleanliness, repair of damage beyond ordinary wear and tear, and other items the statute allows.
  • Receipts or invoices must accompany the itemized statement for repairs or cleaning over $125, with limited exceptions.
  • Landlords must take photos of the unit at move-out (starting April 1, 2025), and at move-in for tenancies beginning on or after July 1, 2025, to support deductions.
  • A lease cannot make a security deposit nonrefundable.

If the landlord doesn't follow the law

If a landlord keeps a deposit in bad faith, a court may award statutory damages of up to twice the amount of the deposit, in addition to actual damages.

Frequently asked questions

How much can a landlord charge for a security deposit in California?

For most landlords, no more than one month's rent. A qualifying small landlord may charge up to two months' rent, except to a service member.

How long does a California landlord have to return a deposit?

21 days after the tenant moves out, together with an itemized statement of any deductions.

Can a California lease say the deposit is nonrefundable?

No. Civil Code § 1950.5 says no lease may characterize a security deposit as nonrefundable.

Sources

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