California · Tenant Rights
California Security Deposits: A Renter’s Guide
What California renters should know about move-out inspections, permitted deductions, the 21-day return period, and deposit disputes.
Before moving out
After a tenant gives notice, a landlord must provide written notice of the tenant’s right to request an initial inspection. It can identify proposed deductions and allow the tenant to address some issues before the tenancy ends.
- Give a forwarding address in writing.
- Request the pre-move-out inspection when appropriate.
- Take dated photographs or video after cleaning.
- Keep the lease, condition checklist, and payment records.
The 21-day rule
California Courts explains that, within 21 days after move-out, a landlord generally must return the deposit or send the remaining amount with an itemized statement explaining deductions. Supporting invoices or receipts are generally required when deductions exceed $125, subject to rules for unfinished work and work performed by the landlord or an employee.
What may be deducted
Potential deductions include unpaid rent, cleaning needed to restore the unit to its move-in level of cleanliness, and repair of tenant-caused damage beyond ordinary wear and tear. A deposit is not a general renovation fund, and ordinary aging differs from tenant-caused damage.
If the deposit is not returned
A tenant can first send a written demand identifying the tenancy, amount sought, and reason deductions are disputed. Keep a copy and proof of delivery.
If the parties cannot resolve the dispute, California Courts identifies small claims or civil court as possible routes. A court may award additional damages when a landlord retained a deposit in bad faith.