What Do I Need To Know?
If you’re a California tenant who recently moved out of a rental unit and are struggling to recover your security deposit, it’s important to understand your rights and take timely action. Unfortunately, Tenant Law Group cannot assist all tenants who contact our firm with direct legal representation. However, we believe in empowering all California renters with access to helpful information. This page is a free resource for tenants navigating issues specifically related to the return of a security deposit.
What Is a Security Deposit and How Does It Work in California?
At the end of a tenancy, landlords must return the deposit, minus any lawful deductions, within 21 calendar days after the tenant moves out.
- ● A security deposit is money paid to a landlord at the beginning of a tenancy to cover potential damage, unpaid rent, and cleaning. In California, the Civil Code § 1950.5 limits the amount landlords can charge to 1 months’ rent.
- ● An exception to this rule is if the landlord is a natural person or LLC owned by natural persons AND the landlord owns no more than two properties and rents out no more than four units in those two properties. For this type of landlord only, you can be charged up to 2 month’s rent.
How Can I Protect My Security Deposit and Avoid Disputes?
Many security deposit disputes start with misunderstandings or missing documentation from the very beginning of the lease. Protecting your deposit starts before you even unpack—and continues through the day you hand in your keys. Here are practical steps you can take to safeguard your deposit both at move-in and move-out:
At Move-In:
- ● Inspect the unit thoroughly before moving in. Look for damage, cleanliness issues, or anything broken.
- ● Take time-stamped photos or videos of every room, appliance, fixture, and corner. Save them in a safe place.
- ● Request a move-in checklist from your landlord or create your own, and make notes of any existing damage.
- ● Keep copies of all documents, including your signed lease, correspondence with your landlord, and receipts for any fees paid (application fee, pet deposit, etc.).
- ● Confirm what counts as “wear and tear” versus tenant responsibility under the lease terms.
At Move-Out:
- ● Give proper written notice—usually 30 days in advance. Check your lease for the required timeframe.
- ● Request a pre-move-out inspection in writing. Under California law, you’re entitled to one within the last two weeks of your tenancy. This also gives you an opportunity to fix issues the landlord might otherwise deduct for.
- ● Clean the entire unit thoroughly, including floors, appliances, bathrooms, baseboards, and windows.
- ● Take final photos and videos showing the unit in clean, move-out condition.
- ● Return all keys, garage remotes, and entry devices, and get a receipt if possible.
- ● Provide your new mailing address in writing so the landlord can return your deposit.
California law requires landlords to return the deposit—or provide an itemized list of deductions with supporting receipts for total charges over $125.00—within 21 calendar days of move-out. If they don’t, you may have grounds to take further action.
What Can My Landlord Legally Deduct from My Security Deposit?
Landlords may only deduct from the deposit for the following reasons:
- ● Unpaid rent.
- ● Repair of damage caused by the tenant (not normal wear and tear).
- ● Cleaning needed to return the unit to the condition it was in at move-in.
- ● Cost of replacing personal property if included in the lease and damaged by the tenant.
What If My Landlord Doesn’t Return My Security Deposit?
If your landlord does not return your deposit within 21 days—or if you believe the deductions are unfair—you have options:
- ● Send a written demand letter asking for the return of your deposit.
- ● Include a deadline for repayment (e.g., 7–10 days).
- ● Attach proof, such as photos, cleaning receipts, and your lease.
- ● Consider speaking with an attorney or filing a claim in small claims court (up to $12,500.00) if the landlord refuses.
You can also contact a local legal aid organization for assistance with writing your demand letter or preparing for court.
Empowering Tenants to Reclaim What They're Owed
Losing a security deposit unfairly can feel like one last insult at the end of a stressful rental experience, but you are not powerless. California law offers strong protections for tenants, and with proper documentation and action, you can recover what you’re owed. Take photos, know your rights, and don’t hesitate to demand what’s legally yours.
Who Can Help Me Resolve a Security Deposit Dispute?
If you are a Tenant dealing with a security deposit dispute and Tenant Law Group is unable to represent you directly, the following legal aid and advocacy organizations can assist.
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified tenant attorney or local tenant advocacy organization for guidance specific to your situation.
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