Answer FileLandlord–Tenant

When must a landlord return a security deposit in California?

The answer, cited

A California landlord must return a security deposit, or an itemized statement of deductions with receipts for charges of $125 or more, within 21 calendar days after the tenant vacates under Civil Code section 1950.5. Bad-faith retention exposes the landlord to up to twice the deposit in statutory damages, and AB 12 caps most deposits at one month's rent.

Within 21 calendar days after the tenant vacates. Civil Code section 1950.5 requires the landlord to return the deposit or deliver an itemized statement explaining each deduction, with copies of receipts and invoices for repairs or cleaning costing $125 or more. Deductions are limited to unpaid rent, cleaning to restore move-in cleanliness, repair of damage beyond ordinary wear and tear, and, if the lease allows, restoring furnishings, never routine repainting or carpet aging. Tenants may request an initial move-out inspection so problems can be cured before leaving. Since July 1, 2024, AB 12 capped most residential deposits at one month's rent (section 1950.5(c)), ending the traditional two-month standard. A landlord who retains a deposit in bad faith owes the tenant up to twice the deposit in statutory damages on top of the amount wrongfully withheld, claims commonly pursued in small claims court, which now hears disputes up to $12,500.

Authority: Cal. Civ. Code § 1950.5

Source: Cal. Civ. Code § 1950.5 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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