Answer FileLandlord–Tenant
When must a landlord return a security deposit in California?
Within 21 calendar days after the tenant vacates. Civil Code section 1950.5 requires the landlord to return the deposit or deliver an itemized statement explaining each deduction, with copies of receipts and invoices for repairs or cleaning costing $125 or more. Deductions are limited to unpaid rent, cleaning to restore move-in cleanliness, repair of damage beyond ordinary wear and tear, and, if the lease allows, restoring furnishings — never routine repainting or carpet aging. Tenants may request an initial move-out inspection so problems can be cured before leaving. Since July 1, 2024, AB 12 capped most residential deposits at one month's rent (section 1950.5(c)), ending the traditional two-month standard. A landlord who retains a deposit in bad faith owes the tenant up to twice the deposit in statutory damages on top of the amount wrongfully withheld — claims commonly pursued in small claims court, which now hears disputes up to $12,500.
Authority: Cal. Civ. Code § 1950.5
Legal information, not legal advice.
More from this answer file
Counsel for this matter
Read the record. Then decide.
Describe your matter once, weigh the published scores, and place the call — the choice is always yours.
Find Your Counsel195,000+ attorneys · 58 counties · Scored in the open