California Security Deposit Limits & Return Rules for Renters

Navigating security deposits in California can be confusing for renters. State law sets clear limits on how much landlords can charge, what can be deducted, and the timeline for returning your deposit. This guide details your security deposit rights, return deadlines, and steps if you believe your deposit was unfairly withheld, based on current California law.

What Is a Security Deposit?

A security deposit is money paid to your landlord, usually at the start of your lease, as financial protection against unpaid rent or damages beyond normal wear and tear. Under California law, certain rules apply to how much can be charged, what is allowed to be deducted, and when the deposit must be returned.

Security Deposit Limits in California

California places strict maximum limits on security deposits for residential rentals:

• Unfurnished rentals: Landlords may charge the equivalent of up to two months’ rent.
• Furnished rentals: The maximum is up to three months’ rent.
• Additional fees: Pet deposits and cleaning fees, if required, must be counted toward the deposit maximum^[1].

See Civil Code Section 1950.5 for official deposit rules.

When and How Landlords Must Return Your Security Deposit

• The law requires that your landlord return your security deposit within 21 calendar days after you move out.
• If money is deducted, you must receive an itemized statement explaining the charges (and receipts for expenses over $125).
• If there are no deductions, you should receive your full deposit within the same 21-day period.

Landlords can only deduct for:

• Unpaid rent
• Repairing damage beyond normal wear and tear
• Cleaning (if unit isn’t as clean as at move-in)
• Restoring or replacing furniture, if furnished and you agreed in writing

How to Dispute a Security Deposit Deduction

If you think your landlord kept too much of your deposit or failed to return it on time:

• Contact your landlord in writing and request a detailed explanation.
• If that doesn't work, you may file a complaint or take legal action.

Official Forms Renters May Use

• Request for Return of Security Deposit (Sample Letter)
  When to use: If your landlord hasn't returned your deposit after 21 days, send this letter as a formal written demand.
  Where to get it: The California Department of Consumer Affairs offers a sample form in their California Tenants Guide (p. 49).
• Small Claims Court Filing: Plaintiffs Claim and Order to Go to Small Claims Court (Form SC-100)
  When to use: If the landlord still withholds your deposit, file this form to start a claim for up to $10,000 in small claims court.
  Official source: Plaintiff’s Claim (SC-100) and More Small Claims Forms.

California Rental Dispute Tribunal

Security deposit disputes are generally handled in Small Claims Court. There is no statewide tenancy board, but the courts resolve most lease disputes. The California Department of Consumer Affairs offers detailed guidance and a free Tenant Guide.

Relevant Legislation

• California Civil Code Section 1950.5 — Security Deposits
• California Tenants’ Rights Guide (official publication)

Frequently Asked Questions

1. How much can my landlord charge for a security deposit in California?
   For unfurnished rentals, up to two months’ rent; for furnished units, up to three months’ rent—pet and cleaning deposits count toward this total.
2. How long does my landlord have to return my deposit?
   Landlords must return your security deposit, or an itemized statement explaining any deductions, within 21 days after move-out.
3. What deductions are allowed from my deposit?
   Only unpaid rent, repairs beyond normal wear and tear, cleaning to restore unit to move-in standards, and pre-agreed furniture restoration if furnished units apply.
4. What if my landlord doesn’t return my deposit?
   First, send a written request for return. If unresolved, you can file a lawsuit in Small Claims Court using official form SC-100.
5. Is my landlord required to give receipts for deductions?
   Yes, for any single deduction over $125, landlords must provide a copy of the bill or estimate.

Summary: Key Takeaways for California Renters

• Your security deposit can’t exceed two months’ rent (unfurnished) or three months (furnished).
• Deposit must be returned (or deductions explained) within 21 days of move-out.
• Only certain charges are legal; get receipts for large deductions and know how to dispute them.

Understanding your rights helps prevent misunderstandings and ensures fair treatment at move-out.

Need Help? Resources for Renters

• California Department of Consumer Affairs — File a Complaint
• California Small Claims Self-Help Center
• California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities
• For local assistance, check your county or city housing agency, or Legal Aid offices throughout California.

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1. California Civil Code Section 1950.5 — Security Deposits
2. California Department of Consumer Affairs — Tenant Guide

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