California Security Deposit Return Deadline

California security deposit return deadline at a glance

California landlords have 21 days to return a tenant's security deposit, less any allowable deductions, after the tenant moves out and surrenders possession of the unit. The rule is in Cal. Civ. Code § 1950.5(g)(1), and it applies to nearly all residential rentals statewide.

How the 21-day clock starts in California

The 21-day clock starts on the date the tenant returns possession of the unit. Unlike some states, California ties the clock to move-out rather than to forwarding address receipt, though the tenant should provide a forwarding address in writing to ensure the deposit can be returned. If the tenant doesn't provide a forwarding address, the landlord must still mail the deposit (and itemization) to the last known address.

What happens if a California landlord misses the deadline

Under Cal. Civ. Code § 1950.5(l), a landlord who acts in bad faith by retaining a security deposit beyond the 21-day window is liable for actual damages and statutory damages of up to 2x the amount of the deposit, plus court costs. "Bad faith" is found when the landlord retains the deposit without providing the required itemized statement within the 21-day window.

What must be included with the deposit return

Along with any refunded deposit, California landlords must provide an itemized statement of deductions, signed and delivered within the same 21-day window. The itemization must list each deduction, the amount, and a description tying it to a lease term or actual damage. For deductions exceeding $125, the landlord must also include copies of invoices or receipts (or, if work was done in-house, a reasonable estimate). Photos and inspection notes should be retained in the file.

California-specific rules worth knowing

California Civil Code § 1950.5 caps security deposits at 2 months' rent for unfurnished units and 3 months for furnished (under AB 12, this is transitioning to 1 month for most properties starting July 2024 with carve-outs for small landlords). Local ordinances in Los Angeles, San Francisco, Berkeley, Oakland, and Santa Monica may layer additional protections. AB 1482 (Cal. Civ. Code § 1947.12) does not regulate deposits but does cap annual rent increases at the lower of 5% + CPI or 10%.

Frequently asked questions about California security deposits

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

Twenty-one days from the date the tenant returns possession of the unit, per Cal. Civ. Code § 1950.5. The deadline is one of the shortest in the country (Arizona, Hawaii, New York, and a few others are also 14-21 days).

What is the penalty if a California landlord misses the deadline?

Under Cal. Civ. Code § 1950.5(l), a landlord who acts in bad faith can be ordered to pay actual damages plus statutory damages of up to 2x the deposit, plus court costs. Bad faith is found when the deposit is withheld without an itemized statement.

Does a California landlord have to send an itemized list of deductions?

Yes. The itemized statement is required within the same 21-day window. For deductions over $125, the landlord must also include copies of invoices or receipts. Failing to itemize forfeits the right to withhold any portion of the deposit.

What is the maximum security deposit in California?

Historically 2 months' rent for unfurnished units, 3 months for furnished. Under AB 12 (signed 2023, effective July 2024), the cap drops to 1 month's rent for most landlords, with carve-outs for landlords owning fewer than 2 properties / 4 units. Confirm the current rule before quoting.

Do local California cities have stricter deposit rules?

Some do. Los Angeles, San Francisco, Berkeley, Oakland, Santa Monica, and West Hollywood have rent-stabilization ordinances that can layer additional protections. Several SF Bay Area cities also require interest on deposits, even though California does not require it statewide.