California Security Deposit Rules
As of 2026, California caps most residential security deposits at one month's rent (under AB 12, effective July 1, 2024), and the landlord must return the deposit with an itemized statement within 21 days after move-out. A qualifying small landlord may charge up to two months.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
Current as of 2026. California’s deposit law changed recently (AB 12) — always confirm the current rule on the official sources below before relying on it.
California security deposit rules are set by Civil Code §1950.5, and a 2024 change made them more tenant-friendly.
The one-month cap (AB 12)
Effective July 1, 2024, a landlord generally cannot collect more than one month’s rent as a security deposit — for furnished or unfurnished units. (Deposits collected before that date are grandfathered.)
Small-landlord exception: a landlord may charge up to two months’ rent if they are a natural person (or an LLC whose members are all natural people) and own no more than two residential rental properties with no more than four total units. This exception doesn’t apply when the prospective tenant is a service member.
Returning the deposit — the 21-day rule
After you move out, the landlord has 21 calendar days to return the deposit and provide an itemized statement of any deductions, along with supporting documentation for the amounts withheld.
What can be deducted
Deductions are limited to:
- Unpaid rent.
- Cleaning to return the unit to the condition it was in at move-in.
- Repair of damage beyond ordinary wear and tear.
A landlord cannot charge for ordinary wear and tear or pre-existing damage. If a deposit is wrongfully withheld, tenants can pursue the amount (and possible penalties) in small claims court.
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Start your free intakeFrequently asked questions
- How much can a California landlord charge for a security deposit?
- Generally no more than one month's rent, whether the unit is furnished or unfurnished (Civil Code §1950.5, as amended by AB 12, effective July 1, 2024).
- Is there an exception to the one-month cap?
- Yes. A small landlord — a natural person (or an LLC owned only by natural persons) who owns no more than two residential rental properties totaling no more than four units — may charge up to two months' rent. The exception doesn't apply against a service member.
- How long does a landlord have to return the deposit?
- Within 21 calendar days after you move out, the landlord must return the deposit and provide an itemized statement of any deductions, with supporting documentation for the amounts withheld.
- What can a landlord deduct from a deposit?
- Only unpaid rent, cleaning to return the unit to its move-in condition, and repair of damage beyond ordinary wear and tear (and replacing landlord-provided personal property if the lease allows). Not ordinary wear and tear.
Sources
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