California Security Deposit vs. Damage Deposit Rules Explained

When renting in California, knowing how security deposits and damage deposits work can help protect your money and your rights as a tenant. California laws set strict rules about what landlords can charge, how deposits must be handled, and when you are entitled to get your money back. This article breaks down the key differences, important deadlines, and what you should expect.

What Is a Security Deposit in California?

A security deposit is any payment or fee (aside from rent)—like cleaning, key, pet, or damage deposits—that a landlord requires to cover unpaid rent or tenant damage. In California, all of these counts as part of a "security deposit" under state law, regardless of what they are called in your lease.

• The total amount (for an unfurnished unit) cannot exceed two months’ rent.
• For furnished rentals, the limit is three months’ rent.
• Landlords cannot require separate or additional "damage deposits" beyond the legal limit for security deposits.
• No part of your deposit is ever "nonrefundable" under California law.

Security Deposit vs. Damage Deposit: Key Differences

California law treats all tenant deposits—whether called a security, cleaning, or damage deposit—the same. This means all rules about returning deposits, limits, and deductions apply equally.

• Deposit Purpose: Both are collected to cover unpaid rent, repairs for beyond-normal wear and tear, and cleaning expenses.
• Return Timeline: The full deposit (minus any authorized deductions) must be returned within 21 days of moving out.
• Itemized Statement: If money is withheld, the landlord must include an itemized list of deductions, with receipts for any amount over $125.

If a landlord tries to charge a "damage deposit" in addition to the security deposit, this is not allowed under the California Civil Code Section 1950.5.^[1]

How and When Must a Security Deposit Be Returned?

Landlords must return your deposit (with an itemized statement of deductions, if applicable) within 21 calendar days after you move out and return the keys. If your landlord deducts for repairs or cleaning, receipts or estimates for work over $125 must be included.

• If the deposit is not returned on time, you can demand payment or file a claim to recover it.
• You cannot legally waive your right to the deposit return, even if the lease says so.

Official Tribunal for Tenancy Issues

The official body that handles landlord-tenant disputes in California is the California State Superior Courts. You can file a small claims case there if your deposit wasn't returned properly.

Relevant Official Forms for California Renters

• "Security Deposit Demand Letter" (No official state form, but templates are widely accepted):
  • When/How to Use: If your landlord fails to return your deposit on time, you can send a written request (demand letter) for its return. This serves as your first step before taking legal action.
  • This official guide provides a sample at the California Department of Consumer Affairs Landlord-Tenant Guide.
• California Small Claims Court Forms (Form SC-100 – Plaintiff’s Claim and Order to Go to Small Claims Court):
  • When/How to Use: If your deposit is not returned after you have made your demand in writing, you can file Form SC-100 to begin a small claims lawsuit.
  • Download SC-100 form and instructions

Action Steps: What to Do If Your Deposit Is Not Returned

• Send a written demand letter asking for your deposit, using the sample from the Department of Consumer Affairs.
• Wait the 21 days required by law. If you don’t receive your deposit, you can file with the local small claims court (up to $10,000).
• Attach your copy of the demand letter and any proof of the landlord's failure to comply.

For more details about your rights, see the California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities from the Department of Consumer Affairs.

FAQ: California Security Deposit and Damage Deposit Rules

1. Can my landlord charge separate security and damage deposits in California?
   No. All deposits—including those for cleaning, pets, or damages—are considered part of a single security deposit, and strict limits apply.
2. How long does my landlord have to give back my deposit?
   Your landlord must return your deposit, with an itemized statement, within 21 days after you move out and return the keys.
3. What if my landlord keeps my deposit for normal wear and tear?
   Landlords can only deduct for damages beyond normal wear and tear. They cannot charge you for standard aging or use of the property.
4. What can I do if my landlord withholds my deposit unfairly?
   Send a written demand letter. If there's still no response, file a claim in small claims court using SC-100.
5. Are any parts of a security or damage deposit nonrefundable in California?
   No. By law, no portion of a security deposit can be marked "nonrefundable." All must be accounted for.

Key Takeaways for California Renters

• All upfront deposits, no matter what they are called, are treated as part of your legal security deposit.
• Security deposit limits and return deadlines are strictly enforced under state law.
• If your deposit is not returned promptly and fairly, you are protected by strong tenant rights and can take action.

Need Help? Resources for Renters

• California Department of Consumer Affairs – Landlord/Tenant Guide
• California Courts – Self-Help Small Claims
• California Department of Housing and Community Development – Tenants’ Rights

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1. California Civil Code Section 1950.5 – Security Deposits
2. California Courts – Landlord/Tenant Issues

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