DisputeKit / California
How long does a California landlord have to return a security deposit?
21 days. Under California Civil Code § 1950.5, a landlord must return the security deposit, together with an itemized statement of any deductions within 21 days after the tenant moves out. A court may also award statutory damages of up to twice the amount of the security deposit, in addition to actual damages, for bad-faith retention.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
What the landlord can deduct
A landlord can only keep money for specific reasons, and must list each deduction in writing.
- Deductions are limited to unpaid rent, cleaning to the level at move-in, and repair of damage beyond ordinary wear and tear.
- Since April 1, 2025 a landlord deducting for repairs or cleaning must take photos before and after the work and share them with the itemized statement.
- Any itemized deduction over $125 must be supported by receipts or invoices.
If the deadline has passed
Send a written demand letter. Name the law, the date you moved out, the date the deadline passed and the exact amount you want back, with a date to pay by. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in California is $12,500 for individuals, and the filing fee is $30 to $75, depending on the amount and how many claims you filed this year.
Steps
- Find your move-out date and deposit amount
- Add 21 days to get the legal deadline
- Send a written demand letter citing the law
- Track the response date
- File in small claims court if unpaid
Common questions
When does the 21-day clock start in California?
It starts when you move out and return possession of the unit. Use the day you returned the keys or the landlord took the unit back.
What if I got part of my deposit back?
You can still demand the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. California law allows a court to award statutory damages of up to twice the amount of the security deposit, in addition to actual damages, for bad-faith retention. That is decided by a judge and is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in California is designed for people without lawyers. A clear demand letter is often enough to get paid.