Reference: the security deposit rule in each state and covered city. To settle a deposit, use the free Deposit settlement tool.
Reference
Security deposit rules in California
California: return the deposit within 21 calendar days of the day the tenant vacated. Interest: no. Penalty if the deposit is kept in bad faith: 2x the deposit. (Cal. Civ. Code 1950.5)
The rule in plain words
- Return by: 21 calendar days after the day the tenant vacated.
- Deductions allowed: unpaid rent, cleaning to move in condition, damage beyond wear, future defaults under lease. Normal wear and tear never. Depreciation: guidance.
- Interest: No.
- Penalty: 2x the deposit if the deposit is kept in bad faith.
- Deposit cap: 1 month(s) of rent.
- City ordinances: Berkeley, Los Angeles, San Francisco.
The rule text
No later than 21 calendar days after the tenant has vacated the premises, ... the landlord shall furnish the tenant, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to the tenant as follows:
Cal. Civ. Code 1950.5(h)(1). Source: California Civil Code 1950.5, read 2026-10-09.
Research notes (2)
How we sourced this rule: where the text was read and what we could not check.
- Subdivisions were renumbered: the 21-day rule is now 1950.5(h)(1) (was (g)(1)); photos are (g); bad-faith damages are (m).
- leginfo.legislature.ca.gov returned 403 to the fetcher; text first read on FindLaw (current as of 2026-01-01), then read in full at leginfo in a browser on 2026-10-09 (as amended by AB 414, effective 2026-01-01): the quote, (g) photos, (h)(4) $125, (m) damages and (c) cap match word for word.
Worked example
A $2,000.00 deposit; the tenant moved in on June 1, 2023 and out on September 30, 2026. Intended deductions: $300.00 unpaid rent, $150.00 cleaning and a $1,200.00 carpet that was 5 years old.
- Return by
- October 21, 2026
21 calendar days after the day the tenant vacated.
- Allowed deductions
- $1,050.00
Of $1,650.00 claimed.
- Refund due
- $950.00
Interest $0.00.
The draft statement for this example
DRAFT ITEMIZED STATEMENT OF SECURITY DEPOSIT
Rule: Cal. Civ. Code 1950.5 (California)
Move-out date: September 30, 2026
Security deposit held $2,000.00
Deduction: Unpaid rent -$300.00
Deduction: Cleaning -$150.00
Deduction: Carpet -$600.00
Prorated: 5.00 of 10 years of useful life used, 50.00% remaining of $1,200.00.
Total deductions -$1,050.00
Refund due to tenant $950.00
Return by October 21, 2026
Notes:
- Copies of bills, invoices or receipts (or time and hourly rate for own work) must accompany the statement when repair and cleaning deductions exceed $125 in total, or whenever the tenant asks within 14 days of the statement; a good-faith estimate is allowed if work or documents are not done within 21 days, with documents within 14 days of completion (1950.5(h)(2)-(5)).
- Photos within a reasonable time after possession returns and after repairs/cleaning, from 2025-04-01; move-in photos for tenancies beginning on or after 2025-07-01 (1950.5(g)). Photos must accompany the statement when repair or cleaning deductions are taken (h)(2)(D).
- Itemized under Cal. Civ. Code 1950.5.
Computes and cites the published rule; it is not legal advice. You sign the statement: check the statute, your lease and any local ordinance first. Read the disclaimer.