California Security Deposit Rights — What Every Tenant Needs to Know

1. Maximum Amount Allowed

Under California Civil Code §1950.5(c):

• Unfurnished unit: Landlord can charge no more than 2x the monthly rent.

• Furnished unit: Cap is 3x the monthly rent.

• This includes all deposits—security, cleaning, pet, key—you name it.

⚠️ Red Flag: If your landlord tries to call part of it “non-refundable,” that’s illegal. All deposits must be refundable under CA law.

2. What Landlords Can Legally Deduct

After you move out, landlords can deduct from your deposit for:

• Unpaid rent

• Damage beyond normal wear and tear

• Cleaning to restore the unit to the condition it was in when you moved in

• Repairing tenant-caused damage (but not replacing aging items)

What they can’t deduct for:

• Repainting for general use (unless you left graffiti or deep scuffs)

• Replacing carpet solely due to age or normal traffic patterns

• Upgrades or improvements

• “Prepping” for the next tenant

Translation: They can’t turn your deposit into a free remodel fund.

3. Timeline to Return the Deposit

Under Civ. Code §1950.5(g):

• The landlord has 21 calendar days from the date you move out to:

• Return the full deposit, or

• Send you a partial refund with an itemized statement of deductions plus receipts for any work over $125.

If they don’t comply within 21 days? That’s a statutory violation. You can sue. And if they acted in bad faith, the court can award you up to 2x the amount of the deposit in damages, on top of the amount withheld.

4. How to Protect Yourself

This is where most tenants screw up—they don’t document.

Do this at move-in and move-out:

• Take photos and video of every wall, window, cabinet, and appliance.

• Send it to your landlord via email or text with a timestamp.

• Fill out a move-in checklist and ask them to sign—or send it anyway.

You’re building your defense file now—not just hoping they’ll “be fair later.”

5. What to Do If They Don’t Pay

• Step 1: Send a demand letter (can be short and direct: “Please return my deposit or I will pursue legal action”).

• Step 2: If ignored, file in Small Claims Court (limit is now $12,500).

• Step 3: Bring evidence: photos, receipts, emails, text records.

Judges see bogus deductions all the time—they know the game. You don’t need a lawyer to win, but you do need documentation and composure.

Bottom Line

Security deposit abuse is one of the most common landlord games in California—but the law is on your side if you know it and have your receipts (literally).

Let me know if you want a one-page tenant handout version of this or a demand letter template.