Request Your Security Deposit Refund in California

When Does the 21-Day Clock Start?

The 21-day security deposit rule under California Civil Code §1950.5 measures from the day after you surrender possession—usually when you hand over every key, remote, or access card. It is not the lease expiration date if you move early, and it is not the day you finish cleaning while still holding keys. For example, if you drop keys in the landlord’s mail slot on April 1, the countdown begins April 2 and ends April 22. If your landlord agrees in writing to pick up keys later, that later date controls. Early move-outs with landlord consent also reset the clock: leave March 10, return keys, clock ends March 31 even if lease ran through April.

Common edge cases:

• If a roommate keeps a spare key, possession is not surrendered—get every key back.
• Verbal agreements on later key return are risky; document by email.
• Record a video showing the empty unit and key hand-off for extra proof.

For broader move-out strategies, visit our moving-out guide.

What Landlords Can—and Cannot—Deduct

California Civil Code §1950.5 strictly limits deductions to four buckets: unpaid rent, cleaning to the same level of cleanliness at move-in, repair of damage beyond normal wear, and restoration or replacement of keys and related devices. Anything else—new carpet because the owner dislikes the color, repainting every wall for aesthetic refresh, or “administrative fees”—is illegal.

• Unpaid Rent: only the exact amount owed. Late fees require a valid lease clause.
• Cleaning: reasonable cost to bring unit back to move-in level. Vacuuming and standard dusting are wear—not deductible.
• Damage Beyond Wear: broken window, large wall gouges, missing smoke detector. Normal wear examples: small nail holes, minor paint scuffs, carpet tread in high-traffic zone.
• Keys/Remotes: cost of re-keying or replacing missing garage FOB.

Receipts or good-faith estimates are mandatory for any single deduction over $125. If the landlord claims “painting whole unit – $650,” ask for invoices. Lack of receipts can void the deduction entirely. Learn more about permitted charges in our California security deposit guide.

Document Everything Before You Leave

Evidence beats arguments. Start with a move-in checklist and match your exit photos to the same angles. Use high-resolution and ensure each image embeds the date. Smartphone settings usually auto-tag metadata; keep originals backed up. Video walkthroughs help judges grasp the full picture in seconds. Save:

• Timestamped photos of every room, ceiling to floor.
• Close-ups of appliances (inside oven, fridge shelves).
• Utility meter photos on departure day.
• Receipts for professional cleaners or carpet rentals.
• Certified mailing receipt for your forwarding address notice.

For deduction estimates, try our security deposit calculator before handing keys back.

How to Send a Formal Demand Letter

A clear, written demand letter triggers statutory penalties and shows good faith before litigation. Follow this proven structure:

1. Pre-inspection request: ask for the 48-hour walk-through so you can fix issues.
2. Take timestamped photos: mirror your move-in shots for easy comparison.
3. Compile receipts: show cleaning and repair costs you covered.
4. Draft demand letter: include facts, Civil Code §1950.5, and the refund amount. Use our ready security-deposit demand letter.
5. Send certified mail: return receipt requested for proof.
6. Mark 21-day date: plug it into the calculator and circle your calendar.
7. Follow-up call: polite phone reminder three days before deadline.

Need wording help? Our sample letters library includes a fill-in-the-blanks template.

Filing in Small Claims if the Landlord Won’t Pay

When the 21-day deadline plus a reasonable follow-up passes with no check or accounting, small claims for security deposit is your next move. Individuals may sue for up to $12,500 under CCP §116.221—more than enough for deposits plus 2× statutory damages. The filing fee ranges from $30 to $100, recoverable if you win. Key steps:

• File SC-100 “Plaintiff’s Claim” in the county where the rental sits.
• Serve the landlord via sheriff, registered server, or adult friend (not you).
• Prepare evidence binder: lease, photos, demand letter, certified mail receipt.
• Arrive early; mediation is often offered before the judge calls the case.

Cost vs. Benefit: Typical court-related expenses run $75-$175. Winning unlocks the deposit, possible 2× penalties, court costs, and 10 % annual interest during collection.

For a deeper dive into hearings, see our California small-claims guide.

City-Specific Rules & Interest on Deposits

While the 21-day rule is statewide, several cities require landlords to pay annual interest on security deposits—separate from the refund timeline. Los Angeles, San Francisco, West Hollywood, Berkeley, and Santa Monica publish yearly rates that average 0.07 %–3 %. Interest must be included in the refund check or credited toward rent. Failure opens another path to damages, sometimes via administrative complaint rather than court.

To calculate what you may be owed, try our upcoming security-deposit interest calculator. Even if your city is not on the list, always verify local ordinances via our ordinance lookup.