California Security Deposits: Rules, Limits & How to Get Yours Back

California security deposit laws 2025 give renters some of the strongest consumer protections in the country. A deposit is more than a lump sum of cash—it's a built-in safeguard that lets landlords cover legitimate damages while guaranteeing tenants a fair, prompt refund of anything unused. Because state legislators have tightened loopholes over the years, California requires strict caps on how much can be collected, a detailed accounting of every penny deducted, and a hard 21-day deadline for return. Understanding these rules before signing or ending a lease helps you keep control of your money and avoid last-minute disputes.

Maximum Deposit: 2× monthly rent (unfurnished) or 3× rent (furnished)
Return Deadline: 21 calendar days after you hand over keys
Inspection Right: Landlord must offer a pre-move-out walk-through on request
Interest: None statewide—only certain cities require annual payouts

Move Out

Day 7

Day 14

Day 21 Refund

Keys resting on a California rental lease document symbolizing a tenant's security deposit

How Much Can a Landlord Collect? – maximum security deposit California unfurnished apartment

Under Civil Code §1950.5(c), landlords face strict ceilings on collection amounts. The maximum security deposit California unfurnished apartment owners may demand is two times the agreed monthly rent. For a furnished unit, the cap jumps to three times the rent because wear-and-tear on furniture is anticipated. Labels do not matter: “pet deposit,” “cleaning fee,” or “key deposit” is legally the same pot of money. A separate pet amount can be requested, but the combined total still cannot exceed the 2× or 3× threshold. If a landlord tries to tack on an extra “last month rent” upfront without lowering the main deposit figure, that maneuver violates the statute and gives the tenant grounds to demand a refund or to withhold rent equivalent to the excess.

What Counts as Normal Wear vs. Damage?

California law permits deductions only for expenses beyond ordinary wear and tear, which is the natural aging every home experiences regardless of tenant care. Unpaid rent is the first allowable deduction, followed by cleaning to restore the unit to the same level of cleanliness documented at move-in, and repairs for damage attributable to the tenant or guests. Mini-examples clarify the line: tiny nail holes from picture frames, carpet fibers flattened in high-traffic areas, and sunlight-faded paint are considered normal wear. By contrast, a baseball-sized hole punched through drywall, pet-soiled carpet requiring replacement, or a shattered window are all deductible damages. Cleaning can include heavy grease on stovetops or mold in the refrigerator that was not present on day one, but it may not include a brand-new professional paint job just to freshen up the space. Lost keys, garage remotes, or mailbox locks are also legitimate deductions, yet landlords must charge only the actual replacement cost—no “convenience” mark-ups. When evaluating your own unit, ask: would the next renter reasonably live with it as-is? If yes, it’s probably normal wear; if no, expect it to appear on the itemized statement.

21-Day Return & Itemized Statement

Wondering how long does a landlord have to return a security deposit in California? The timeframe is famously strict: 21 calendar days after you surrender possession. By Day 21 the landlord must mail or personally deliver (or email if you consented in writing) a check for any refundable balance and a line-by-line accounting of deductions. If any single repair or cleaning service cost more than $125, copies of receipts must be included. Where work is unfinished, a good-faith estimate is permitted, but final bills must follow within 14 days of completion. Itemizations must be clear: “Carpet patch – $85,” not “general repairs – $500.” Failure to comply can entitle the tenant to full refund plus up to twice the deposit as statutory penalties for bad-faith retention.

Cities That Require Interest on Deposits

There is no statewide interest mandate, but several rent-controlled cities order yearly payouts. Los Angeles, San Francisco, Berkeley, Santa Monica, and West Hollywood each publish an annual rate—averaging 0.1 % to 3 %—based on local treasury yields. Landlords must either credit the amount each January or include it with the final refund. Check your city’s bulletin or experiment with our upcoming interest calculator to see what accrues. Outside these jurisdictions, landlords may choose to pay interest voluntarily, but they are not required to do so under state law.

Step-by-Step Refund Guide

Document move-in. Snap wide-angle photos or video and complete a move-in checklist so the unit’s original condition is frozen in time. Good records are your first line of defense against inflated damage claims later.
Give proper notice. California requires written notice—30 or 60 days depending on lease length. Use our notice guidelines, send it certified, and keep a timestamped copy.
Request a pre-move-out inspection. Exercising your pre move out inspection California rights, ask the landlord to walk through 48 hours before vacating. They must identify potential deductions, giving you a chance to repair cheaply yourself.
Handle cleaning and minor fixes. Follow a move-out checklist to patch nail holes, replace burned-out bulbs, and deep-clean surfaces. Keeping receipts for supplies bolsters your argument if disputes arise.
Provide a forwarding address. The statute says the 21-day clock does not start until you leave an address in writing. Include apartment/unit number and confirm the ZIP code to avoid mailing delays.
Escalate if necessary. If the refund or accounting is late, send a demand letter. Still no response? File in small claims court California security deposit not returned; you can sue for up to $12,500 without a lawyer and may recover double damages for bad faith.

Unsure of the exact deadline or amount? Our calculator does the math in seconds.

Estimate My Refund

A complete repaint of an entire unit is rarely justified. Courts have ruled that paint has a useful life of several years, so routine fading or small scuffs are expected. Unless the walls show unusual damage—graffiti, unauthorized color changes, or grease stains—the cost of painting belongs to the landlord as normal upkeep. If only one accent wall is damaged, charges must be limited to that surface, not the whole apartment. Ask the landlord for an itemized security deposit deduction letter sample that breaks down square footage, paint brand, and labor hours so you can challenge any inflated figure.

When Day 21 passes without a refund or a proper statement, the law presumes the landlord kept the money in bad faith. You may immediately demand the full deposit and, under Civil Code §1950.5(l), sue for up to twice the withheld amount as statutory damages. Prepare evidence—lease, photos, certified-mail receipts—to show the court you complied with your duties. Many tenants settle quickly once a formal demand is served because the penalty risk motivates landlords to pay promptly rather than fight.

Yes. The Los Angeles Rent Stabilization Ordinance requires landlords to pay tenants annual interest on residential security deposits. The City publishes a new percentage every January (0.07 % for 2025). Owners can either credit that amount toward February rent or add it to the final refund. If your landlord ignores the requirement, you may deduct the interest from next month’s rent or claim it in small claims court.

Only if the lease specifically designates part of the deposit as “last month’s rent.” Absent that written agreement, withholding rent and hoping the deposit will cover it risks late fees and eviction. Request the landlord’s consent in writing before applying the deposit. If they refuse and you still skip the final rent payment, they may lawfully deduct it and pursue other costs, leaving you with little or no refund.

Related Resources

Legal References

These statutes and ordinances form the backbone of California’s deposit protections. Review them to cite exact language in a letter or court claim.

Reference	Topic	Link
Civil Code §1950.5	Statewide security deposit rules	Read statute
Los Angeles Municipal Code §151.06.02	Interest on deposits (LA)	LA Ordinance
San Francisco Administrative Code §49.2	Interest on deposits (SF)	SF Ordinance
Berkeley Municipal Code §13.76.070	Interest & timelines (Berkeley)	Berkeley Rent Ordinance
Santa Monica Rent Control Regs §1800	Interest on deposits (Santa Monica)	Santa Monica RSO
West Hollywood Municipal Code §17.36.020	Interest on deposits (West Hollywood)	West Hollywood RSO

Tenant Support Organizations

California Department of Consumer Affairs

This state agency publishes the widely cited “California Tenants” handbook, answers landlord-tenant complaints, and can mediate certain deposit disputes by contacting owners on your behalf. Its website also hosts sample letters and links to relevant statutes, making it a good first stop before going to court.

dca.ca.gov

Legal Aid Foundation of Los Angeles

Serving low-income tenants across Los Angeles County, LAFLA provides free legal clinics, representation in small claims and eviction cases, and multilingual guides explaining how to recover wrongfully withheld deposits. Appointments fill fast, but same-day intake is possible for urgent lockout situations.

lafla.org

Tenants Together

As a statewide coalition of tenant-rights nonprofits, Tenants Together operates a hotline staffed by volunteers familiar with deposit law. Members gain access to detailed self-help packets and can be referred to local pro bono attorneys when simple demand letters fail.

tenantstogether.org

Bay Area Legal Aid

Operating in seven counties, BayLegal assists renters facing illegal deposit withholdings by offering phone advice, document review, and courtroom advocacy. The organization also partners with local housing authorities to run know-your-rights workshops in English, Spanish, and Cantonese.

baylegal.org

Information provided is for educational purposes and does not constitute legal advice. Always verify local ordinances before taking action.