Key Takeaways
- Most landlords can only charge one month’s rent as a deposit since July 2024. Small individual owners can charge two.
- 21 days. That is how long they have to return your deposit or send an itemized list of deductions.
- They now need photos. New rules require photo documentation, and a deduction with no photo backing is easier to fight.
- Ask for the pre-move-out inspection. It forces your landlord to tell you what they would charge for, while you can still fix it.
- Normal wear and tear is not chargeable. Old carpet and faded paint were already wearing out before you got there.
- Bad faith can cost them double. A court can add up to twice your deposit on top of returning it.
What this guide covers
You moved out, you left the place clean, and weeks later there is still no deposit. Or worse, a list of charges that reads like fiction.
California actually gives renters a strong hand here, and two recent law changes made it stronger. Most people never use any of it, because nobody explains the deadlines or the leverage.
So let’s go through it: how much they can hold, what has to happen after you move, what they can legally take out, and exactly what to do when the money does not show up.
California Deposit Law at a Glance
What the law requires
Security deposits in California are governed by Civil Code section 1950.5. In short, your landlord must:
- Keep the deposit no higher than the legal cap
- Treat it as your money, held for specific purposes only
- Return it, or send an itemized statement, within 21 days of you moving out
- Include receipts for larger repair and cleaning charges
- Offer you a pre-move-out inspection if you want one
One thing California does not allow at all: non-refundable deposits. Any deposit is refundable, whatever a lease calls it.
What changed recently: the cap and the photo rules
Two changes are worth knowing because most older articles predate them.
The cap dropped. Since July 1, 2024, most landlords can charge no more than one month’s rent, furnished or not. It used to be two months unfurnished and three furnished.
Photos are now required. Rules phased in during 2025 make landlords photograph the unit’s condition. That includes photos after any repairs. The relevant ones go to you with your itemized list. Move-in photo duties apply to newer tenancies.
That second change quietly hands renters real leverage, and we come back to it below.
How Much Can a Landlord Charge?
The one-month cap
For most California landlords the maximum security deposit is one month’s rent, regardless of whether the place comes furnished. That is on top of first month’s rent, which is not a deposit.
The small-landlord exception
There is a limited exception. Some landlords can charge up to two months’ rent. To use this, the landlord has to be a real person, or a small group of people, rather than a company. They also have to own only a small number of rental properties and units.
Two things to know about it. First, a corporation or an LLC generally cannot use it. Second, it cannot be used against a servicemember: if you are an active-duty servicemember, the one-month cap applies to you regardless.
No non-refundable deposits, ever
California does not permit non-refundable deposits or fees dressed up as deposits. A “non-refundable cleaning deposit” is not a thing here. Money held as a deposit stays refundable, and your landlord can only keep what the law allows them to deduct.
Application screening fees are different and are separately regulated, so do not confuse the two.
The Move-Out Sequence: Your Timeline
Request the initial inspection (and why you should)
The most underused right on this page
Before you move out, you can ask for a pre-move-out inspection. Your landlord has to tell you about this right. If you ask, they generally must inspect the place. Then they give you a list of what they would charge for.
Why this is powerful: it forces the list of problems into the open while you can still fix them. Patch the nail holes, deal with the cleaning, replace the blind. Whatever you fix comes off the list.
Ask in writing, a couple of weeks before you go. Most renters never do, and it is free.
The photo documentation your landlord must now keep
Under the newer rules, landlords photograph the unit’s condition. They send you the relevant ones with your itemized list. That includes photos taken after any repair they charged you for.
Take your own photos too. Every room, after you clean and empty the place, with timestamps. Keep them with your move-in photos if you have them. Side-by-side comparisons win these disputes.
The 21-day deadline
Within 21 days of you moving out, your landlord must either return the full deposit, or send an itemized statement listing every deduction along with whatever remains.
The clock runs from when you actually give up the unit. Return the keys in a documented way and note the date.
The itemized statement and the receipts rule
The list has to break down each charge, not just give a total. For repair or cleaning work over $125, your landlord must include receipts or invoices. If they did the work themselves, they should describe it and give the time and rate.
A single line saying “cleaning and repairs: $900” with nothing attached is not a compliant statement, and that is worth pointing out.
What Can (and Cannot) Be Deducted
Your landlord can deduct for unpaid rent, cleaning to return the place to the condition it was in when you moved in, and damage beyond normal wear and tear. That is the list.
Normal wear and tear vs damage, with examples
| Normal wear and tear (not chargeable) | Damage (chargeable) |
|---|---|
| Faded or scuffed paint after a long tenancy | Crayon, unapproved paint colors, big holes |
| Small nail holes from pictures | Large anchor holes left unrepaired |
| Worn paths in old carpet | Burns, tears, or pet stains soaked through |
| Loose handles, worn hinges | Broken doors, smashed windows, missing fixtures |
| Minor counter scratches | Burns, cracks, or chunks missing |
| Grout discoloration, light limescale | Mold from a leak you never reported, cracked tiles |
| Dusty blinds, general lived-in condition | Leaving the place filthy or full of trash |
The useful-life question: 5-year-old carpet and paint
This is the argument that wins deposit cases, and hardly anyone knows it.
Things wear out on a schedule. Carpet and interior paint only last so long. That is often estimated at several years. After that, there is little value left in them. So if the carpet was already five years old when you left, your landlord generally cannot charge you for brand new carpet. At most they can charge for the value that was left.
How to say it: “The carpet was installed roughly five years ago. Given its expected useful life, most of its value was already used up. Charging me for full replacement is not a permitted deduction.” That sentence has recovered a lot of deposits.
Unpaid rent and lease charges
Genuinely unpaid rent can come out of the deposit. What should not appear is a charge made up at move-out with no basis in your lease. An admin or turnover fee that is not in the agreement you signed. Or professional cleaning, when the lease only said to leave the place clean.
How to Get Your Deposit Back: The Renter Playbook
Step 1: The demand letter
If the 21 days pass with nothing, or you get charges you dispute, write a demand letter. Keep it short, factual, and dated:
- Your name, the rental address, and the date you moved out
- The deposit amount you paid
- What you received, and when, or that you received nothing
- Each disputed charge listed separately with one line on why: normal wear and tear, pre-existing, no receipt provided, no photo support, or not in the lease
- The amount you say should be returned
- A clear deadline, such as 14 days
- A note that you will file in small claims if it is not resolved
The leverage line worth including
California law allows a court to award up to twice the deposit in extra damages, on top of returning the deposit itself, where a landlord kept it in bad faith.
Mentioning that calmly and factually in your letter changes the arithmetic for a landlord deciding whether to argue over $400. Many deposits come back at this stage.
Step 2: Small claims court
If the letter does not work, small claims is built for exactly this. You do not need a lawyer. Filing fees are small, fee waivers exist, and cases are heard fairly quickly.
Bring your lease and proof you paid the deposit. Your move-in and move-out photos. The itemized list. Your demand letter and proof you sent it. Any texts or emails. Put it in order. Judges appreciate it, and it makes your story easy to follow.
Step 3: Challenging deductions without photo support
Landlords now have photo duties. So a charge with no photo behind it is a fair question. So is a repair charge over the receipt threshold with no receipt attached.
You do not need to be aggressive about it. Simply asking, in writing, for the photos and receipts supporting each charge often shrinks the list all by itself.
Moving because rent got out of reach?
A free two-minute check shows what California programs may help with rent, deposits, and moving costs.
Check My Eligibility FreeDeposits While You Rent
Interest: statewide vs local rules
California does not require landlords statewide to pay interest on deposits. But several cities do, including San Francisco and some other rent-controlled cities, sometimes paid annually.
If you live in one of those cities and have been there a while, that is money you may be owed and probably never claimed. Check your city’s rent board.
If the property is sold
Your deposit does not vanish with the old owner. When a rental changes hands, one of two things must happen. The deposit goes to the new owner and you get notice. Or it comes back to you. Once it transfers, the new owner is responsible for it.
Keep your original deposit paperwork whatever happens. It proves the amount and that you paid it.
Deposit as last month’s rent
Only if you both agree, in writing. Do not decide on your own to skip a month because they hold your deposit. That counts as unpaid rent. It opens you up to a 3-day notice and an eviction case, which is far worse than waiting out the 21 days.
If your lease specifically labels part of the money as last month’s rent, that is different, and it is treated accordingly.
Where to Get Help
Courts self-help, the OAG guide, and legal aid
Court self-help centers help you prepare small claims paperwork for free, whatever your income. The California Attorney General’s office and the state courts publish renter guides covering deposits. Legal aid organizations advise income-qualifying renters, and local tenant organizations often know the local interest rules.
California rental assistance programs
Dial 211 for local referrals. Many of the organizations that help with rent also help with deposits and moving costs for a new place, which is worth asking about directly.
A free eligibility check against 100+ California rental assistance programs takes about two minutes.
Related: California tenant rights for the wider picture.
California Security Deposit FAQ
What is the new security deposit law in California?
Two changes matter. Since July 1, 2024, most landlords can only charge one month’s rent as a deposit, furnished or not, with a limited exception letting small individual owners charge two months, which cannot be used against servicemembers. Separately, rules phased in during 2025 require landlords to take photographs documenting the unit’s condition, including after repairs, and to share the relevant ones with your itemized deduction statement. That gives you a fair basis to question any charge with no photo behind it.
What happens if my deposit is not returned in 21 days?
Your landlord has broken the deadline, and that strengthens your position. Send a written demand letter setting out the deposit amount, the missed deadline, and a clear date by which you expect payment. If that does not work, file in small claims court, where you do not need a lawyer. Where a landlord kept the deposit in bad faith, a court can award up to twice the deposit in extra damages on top of returning it.
What is normal wear and tear after 5 years?
After five years, quite a lot. Carpet, paint, and similar finishes have a limited useful life, and after several years most of their value is used up. So a landlord generally cannot charge you for brand new carpet when the old carpet was already years into its life. Faded paint, worn traffic paths, small nail holes, and loose fittings are normal wear after a long tenancy. Burns, pet stains soaked through, large unrepaired holes, and real damage are different.
Can a landlord charge a 2-month deposit?
Only in limited cases. The general cap is one month’s rent. A landlord who is a natural person rather than a company, and who owns no more than a small number of rental properties and units, may charge up to two months. A corporation or LLC generally cannot use this exception, and it cannot be applied to an active-duty servicemember, who gets the one-month cap regardless. If you were charged two months by a management company, that is worth questioning.
Does my landlord owe me interest?
Not under state law, which does not require interest on deposits. But several California cities do require it, including San Francisco and some other rent-controlled cities, often paid once a year. If you live in one of those cities and have rented for several years, that can add up and most renters never claim it. Check your city’s rent board or housing department for the current rate and how to request it.