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California security deposit: 21 days to get it back

Within 21 calendar days after the tenant has vacated, the landlord must return the deposit balance together with an itemized statement of any deductions. The clock runs from move-out, not from a forwarding address or a request.

Double-check before you rely on this. Parts of this page come from legal-aid and other secondary summaries instead of the official statute text. Confirm the deadline and penalty in Cal. Civ. Code § 1950.5, and check whether a local ordinance changes the rules.

What the law requires

Itemized statement: The statement must give the basis and amount of each deduction. If repair or cleaning deductions exceed $125, copies of receipts or invoices are required. Photos of the unit taken after move-out and after repairs or cleaning must accompany it; move-in photos are required for tenancies beginning on or after July 1, 2025.
If the landlord breaks the rules: If the landlord keeps the deposit, or demands more than allowed, in bad faith, the tenant may recover statutory damages of up to twice the deposit in addition to actual damages. The landlord must prove the amounts kept were reasonable.
Loss of the right to deduct: A landlord who, in bad faith, fails to comply with the itemized-statement requirements (including the photo and receipt requirements) is not entitled to claim any amount of the deposit. Missing the 21 days alone is not described as an automatic forfeiture.
Deposit cap: One month's rent, furnished or unfurnished, in addition to first month's rent, for deposits demanded or collected on or after July 1, 2024 (AB 12). A natural-person landlord (or LLC of natural persons) owning no more than two rental properties with four units total may charge up to two months, unless the applicant is a service member.
Small claims limit: $12,500 in Small Claims Court (Superior Court)
Statute: Cal. Civ. Code § 1950.5

Recent changes

AB 12, effective July 1, 2024: deposit cap cut from two/three months to one month (small-landlord exception). AB 2801 (Stats. 2024, ch. 280): landlord photos required after move-out and after repairs/cleaning from April 1, 2025, and at move-in for tenancies beginning July 1, 2025 or later. From April 1, 2025, special written-reason and six-month excess-return rules apply when a service member is charged a higher deposit.

Local rules

San Francisco (Admin. Code ch. 49) requires landlords to pay annual interest on deposits held over a year (4.2% for Mar. 1, 2026 to Feb. 28, 2027). Santa Monica rent control regulations (ch. 14) govern deposits locally but do not require interest. Other cities may have their own rules; not checked.

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite Cal. Civ. Code § 1950.5. Give a date to respond.
If you still aren't paid, file in Small Claims Court (Superior Court). Deposit claims up to $12,500 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a California demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under Cal. Civ. Code § 1950.5, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 21 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in California have to return a security deposit?

What happens if a California landlord keeps the deposit wrongfully?

If the landlord keeps the deposit, or demands more than allowed, in bad faith, the tenant may recover statutory damages of up to twice the deposit in addition to actual damages. The landlord must prove the amounts kept were reasonable. A landlord who, in bad faith, fails to comply with the itemized-statement requirements (including the photo and receipt requirements) is not entitled to claim any amount of the deposit. Missing the 21 days alone is not described as an automatic forfeiture.

Do I have to give my California landlord a forwarding address?

Our review of California's statute didn't find a forwarding-address rule that starts the deadline. Give one in writing anyway, so you can prove where to send the deposit.

Where do I sue for my deposit in California?

Deposit claims up to $12,500 can be filed in Small Claims Court (Superior Court). Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.