California's rules for holding, deducting from, and returning a residential security deposit are mostly in one statute, Civil Code section 1950.5. Here are the parts renters ask about most, each linked to the statute text.
This is general information, not legal advice. Your lease and local rules may add requirements. Check the linked official source, or talk to a qualified local advisor about your situation.
At a glance
| Topic | What the statute says | Source |
|---|---|---|
| Return deadline | Itemized statement and any remaining deposit no later than 21 calendar days after you move out | § 1950.5(h)(1) |
| Deductions | Unpaid rent, damage beyond ordinary wear and tear, cleaning back to move-in level, and certain property replacement | § 1950.5(b), (e) |
| Receipts | Required with the statement in most cases, unless repair and cleaning deductions total $125 or less | § 1950.5(h)(2), (h)(4) |
| Photos | Landlord photo requirements at move-in (tenancies from July 1, 2025) and at move-out (from April 1, 2025) | § 1950.5(g) |
| Deposit cap | Generally one month's rent, with a two-month exception for some small landlords | § 1950.5(c) |
| Interest | Section 1950.5 does not require interest; some cities do | § 1950.5; CA Attorney General |
For more context on security deposit rules across states, see the security deposit rules by state guide.
See how this compares with other states in how long a landlord has to return a security deposit.
Return deadline
No later than 21 calendar days after you vacate, the landlord must send you an itemized statement showing the deposit received and how it was used, and return anything left over (§ 1950.5(h)(1)).
How the money comes back. The default is personal delivery or a check sent by first-class mail. If you paid the deposit or rent electronically, the landlord generally must return the remainder electronically to an account you designate in writing, unless you both agree in writing to another method (§ 1950.5(h)(1)(A)).
Give a forwarding address. Mailings go to the address you provide. If you don't provide one, they go to the unit you moved out of (§ 1950.5(h)(6)).
Repairs that take longer. If a repair can't reasonably be finished in 21 days, or the contractor's bill hasn't arrived, the landlord may deduct a good faith estimate and send the final paperwork within 14 calendar days of finishing the repair or receiving the bill (§ 1950.5(h)(3)).
If the landlord doesn't follow these steps. A landlord who fails in bad faith to comply with this subdivision is not entitled to claim any amount of the deposit (§ 1950.5(h)(7)). Separately, a court may award up to twice the deposit in statutory damages, plus actual damages, for bad faith retention (§ 1950.5(m)).
For more on telling wear from damage, see our guide to normal wear and tear.
Allowed deductions
A landlord may keep only amounts that are reasonably necessary for these purposes (§ 1950.5(b), (e)(1)):
- Unpaid rent.
- Repairing damage caused by you or your guests, not including ordinary wear and tear.
- Cleaning needed to return the unit to the level of cleanliness it had when your tenancy began.
- Restoring or replacing personal property, not including ordinary wear and tear, if the lease allows the deposit to be used for this.
The landlord may not charge for damage that existed before you moved in, for ordinary wear and tear, or for the cumulative effects of wear and tear over one or more tenancies (§ 1950.5(e)(2)(A)). Professional carpet cleaning can't be charged unless it's reasonably necessary to return the unit to its move-in condition (§ 1950.5(e)(2)(C)). A lease can't call any part of the deposit "nonrefundable" (§ 1950.5(n)).
Receipts and explanations. With the itemized statement, the landlord must include (§ 1950.5(h)(2)):
- For work the landlord or an employee did: a description of the work, the time spent, and the reasonable hourly rate.
- For work by someone else: a copy of their bill, invoice, or receipt.
- For materials or supplies: a copy of the bill, invoice, or receipt.
- For repair or cleaning deductions: the photographs described below, with a written explanation of the cost.
These documents aren't required if repair and cleaning deductions together total $125 or less, or if you signed a valid waiver. Even then, you can ask for the documents within 14 days of receiving the statement, and the landlord must provide them within 14 days of your request (§ 1950.5(h)(4)–(5)).
Interest
Section 1950.5 does not contain a requirement for landlords to pay interest on security deposits (§ 1950.5). The California Attorney General notes that some cities do make landlords pay interest, so check your city or county rules (CA Attorney General, Know Your Rights: Security Deposits).
Photos and the pre-move-out inspection
Landlord photos. For tenancies that begin on or after July 1, 2025, the landlord must photograph the unit immediately before, or at the start of, the tenancy. Since April 1, 2025, the landlord must also photograph the unit within a reasonable time after you return possession, before any repairs or cleaning that will be deducted, and again after that work is done (§ 1950.5(g)). If the landlord deducts for repairs or cleaning, those photos must be provided with the statement, by mail, email, flash drive, or an online link (§ 1950.5(h)(2)(D)).
Initial inspection. Within a reasonable time after either side gives notice to end the tenancy (or before a lease term ends), the landlord must tell you in writing that you can request an initial inspection and be present for it. If you ask, it happens no earlier than two weeks before move-out, with at least 48 hours' written notice. The landlord then gives you an itemized list of proposed deductions, and you can fix those items before you leave. These steps don't apply to certain evictions (§ 1950.5(f)).
Deposit cap
For deposits collected on or after July 1, 2024, the cap is generally one month's rent, on top of the first month's rent. A landlord who is a natural person (or an LLC of natural persons) owning no more than two rental properties with four or fewer units in total may take up to two months' rent, but not from a service member (§ 1950.5(c)).
You can also work through our move-in checklist on day one and our move-out checklist on your last day.
What to keep on record at move-in and move-out
The practical question is often simple: what did the unit look like on day one, and on the last day?
- At move-in: photograph every room (wide shot, then close-ups of existing marks), note the date, and send the landlord a short list of existing issues in writing. The move-in inspection checklist walks through it room by room.
- Keep payment records. California lets you show the deposit amount with any credible evidence, such as a canceled check, a receipt, or the lease (§ 1950.5(p)).
- During the tenancy: log problems when you notice them, and keep the landlord's replies.
- At move-out: repeat the same photos in the same order, so each room can be compared side by side. Use the rental damage photo checklist for angles and close-ups.
- After move-out: keep the itemized statement, receipts, and photos the landlord sends, next to your own. The security deposit evidence checklist covers what to gather if something is unclear.
An organized, dated record makes any deduction list easier to check line by line. RentSeal is one way to keep that record: move-in photos organized by room, issues logged with dates, and an evidence pack you can export as a PDF or share as a read-only link if your deposit is ever disputed.
Ask for it in writing
If the deadline has passed or you disagree with a deduction, put it in writing. Our free security deposit demand letter writes a polite, dated letter that names your state's law, lists each charge you dispute and asks for the money or for receipts within a set number of days. Nothing you type leaves your browser.
Sources
- California Civil Code § 1950.5, California Legislative Information: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1950.5 (Last checked: September 28, 2026)
- California Attorney General, "Know Your Rights as a California Tenant: Security Deposits" (PDF): https://oag.ca.gov/system/files/media/Know-Your-Rights-Security-Deposits-English.pdf (Last checked: September 28, 2026)
Before you act
This is general information, not legal advice. Deposit rules change, and your lease or city may add requirements. For your own situation, read the linked official source or speak with a qualified local advisor.