Renting: Tenants & Landlords · During a tenancy
Security deposits
In this guide
- Since July 1, 2024, most landlords can collect a deposit of no more than one month’s rent.
- Some small landlords can collect up to two months’ rent, but not from active-duty service members.
- The deposit, or an itemized statement of deductions, is due within 21 days after move-out.
Deposit limits
For most residential rentals, California limits the security deposit to one month’s rent, whether or not the unit is furnished. Landlords who are individuals or certain small LLCs owning no more than two rental properties with a total of four or fewer units may collect up to two months’ rent. That exception does not apply to tenants who are active-duty service members.
What deductions are allowed
- Unpaid rent
- Repairing damage beyond ordinary wear and tear
- Cleaning needed to return the unit to its condition at move-in
- Replacing or restoring furnishings, if the lease allows
Recent changes require landlords to take photographs of the unit at certain points, such as at move-in and before and after repairs, and to include them with deductions. The Attorney General’s guide describes the current requirements.
Returning the deposit
Within 21 days after the tenant moves out, the landlord must return the deposit or send an itemized statement explaining deductions, with receipts or invoices for larger charges. Tenants can ask for an initial inspection before moving out, which gives a chance to fix listed problems.
Disputes over deposits are often brought in small claims court. The law allows a court to award up to twice the deposit as a penalty when a landlord keeps it in bad faith.
Figures and time frames
- Deposit cap for most rentals: 1 month’s rent (since July 1, 2024)
- Small-landlord exception: up to 2 months’ rent
- Return or itemized statement: within 21 days after move-out
Common questions
Is “normal wear and tear” defined?
Not precisely. It generally means deterioration from ordinary living, such as light scuffs or faded paint, as opposed to damage from accidents or neglect.
Official sources for this guide
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