Deposit laws by state · California
California security deposit laws.
California has the strictest deposit rules of any major rental market. Landlords have 21 days to refund the deposit with an itemized statement, must offer a pre-move-out inspection on request, and as of July 2024 cannot collect more than one month's rent as a deposit (AB 12).
Key rules
What California landlords need to do.
- 1.
Refund + itemized statement must be delivered within 21 calendar days of move-out — calendar, not business.
- 2.
Maximum deposit is one month's rent for most rentals (reduced from two months under AB 12, effective July 2024).
- 3.
Landlord must offer the tenant a pre-move-out inspection within two weeks of the lease end so the tenant can fix issues before deductions are taken.
- 4.
Receipts (or a good-faith written estimate) are required for any deduction over $125 — must be included with the itemization.
- 5.
Bad-faith withholding triggers up to 2× the deposit amount in statutory damages plus actual damages and fees.
Common pitfalls
Where California landlords lose deposit cases.
Skipping the pre-move-out inspection offer — even if the tenant declines, the offer must be made and documented.
Estimating without backup documentation for items over $125 — receipts must follow within 14 days if not available at itemization.
Using the old 2-month deposit limit on leases signed after July 1, 2024 — the cap is now one month for most properties.
Statute
California Civil Code § 1950.5
Read the statute on the California legislature site →This page is a landlord-oriented summary, not legal advice. Local ordinances may impose stricter rules than state law. Consult a California attorney before acting on a contested deposit dispute.
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Start your first report →Or use the free templateCommon questions
California deposit FAQ.
- How long does a landlord have to return the security deposit in California?
- 21 days after move-out, per California Civil Code § 1950.5. The clock typically starts when the tenant gives a forwarding address; check the statute for state-specific triggers.
- What's the maximum security deposit allowed in California?
- 1 month's rent (effective July 1, 2024 under AB 12). Charging above the cap is unenforceable and exposes the landlord to penalties.
- What's the penalty for wrongfully withholding a deposit in California?
- Up to twice the deposit amount in statutory damages for bad-faith withholding, plus actual damages and attorney fees.
- Does California require an itemized deduction statement?
- Yes. California requires an itemized written statement listing each deduction with its cost. Sending a refund without itemization (when claiming any deductions) commonly triggers the wrongful-withholding penalty.
- Does California require a pre-move-out inspection?
- Yes. California requires the landlord to offer a pre-move-out inspection so the tenant can fix issues before deductions are taken. Skipping the offer (even if the tenant declines) can void the deductions.