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California Security Deposit Law, in Plain English

California has a documentation-heavy deposit law — and since 2025, certain photographs of the unit are a legal requirement, not just a best practice. Here's what Civil Code § 1950.5 actually requires, for both sides of the lease.

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21 daysDeadline to return the deposit or send an itemized statement after the tenant vacates
1 month's rentMaximum deposit for most rentals, furnished or unfurnished (AB 12)
2x the depositStatutory damages a court can add for bad-faith withholding
3 photo momentsMove-in, move-out, and post-repair photo rules, subject to AB 2801's dates and deduction conditions

The deposit cap: one month's rent

Since July 1, 2024, AB 12 caps security deposits at one month's rent for most California rentals — furnished or unfurnished makes no difference anymore. Everything counts toward that single cap: pet deposits, key deposits, cleaning deposits. A landlord can't stack a "pet deposit" on top of a full month's security deposit.

There's one narrow exception. A landlord who is a natural person (or an LLC made up entirely of natural persons), owns no more than two residential rental properties, and has no more than four total units across them may charge up to two months' rent. Even then, active-duty service members can never be charged more than one month.

One phrase that can't appear in any California lease: "non-refundable deposit." Section 1950.5 prohibits a lease or rental agreement from characterizing any security as nonrefundable. If your lease says a cleaning fee or pet deposit is non-refundable, that clause is unenforceable — the normal deposit rules apply anyway.

After move-out: 21 days, no extensions

The clock starts the day the tenant vacates and returns possession — usually the day the keys come back. Within 21 calendar days (weekends and holidays count), the landlord must do one of two things:

Return the full deposit
Return the balance along with a written, itemized statement listing each deduction, its reason, and its cost

When repair and cleaning deductions together exceed $125, copies of receipts, invoices, or other required cost documentation must be provided. If work isn't finished within the 21 days, the landlord sends a good-faith estimate and follows up with the final documentation.

What can legally be deducted: unpaid rent; cleaning to bring the unit back to its move-in level of cleanliness; repair of damage beyond normal wear and tear; and an authorized rental-agreement obligation to restore, replace, or return personal property or appurtenances. Normal wear and tear — faded paint, carpet worn by ordinary walking — belongs to the landlord, not the tenant's deposit.

Since 2025, photos are part of the documentation requirements

AB 2801 amended § 1950.5 to establish photographic documentation requirements at different points in a tenancy.

Move-out photos (all tenancies, since April 1, 2025). Within a reasonable time after the tenant's possession is returned, and before any repair or cleaning for which the landlord will claim a deduction, the landlord must photograph the unit. The window is narrow — once cleaning or repair work starts, the "as-left" condition the law asks you to document may no longer exist.

Post-repair photos (since April 1, 2025). If a landlord claims a deduction for an allowable repair or cleaning, the landlord must photograph the affected area after the work is completed as well as before it begins — showing exactly what the deduction paid for.

Move-in photos (tenancies starting on or after July 1, 2025). The landlord must photograph the unit immediately before or at the start of the tenancy, establishing the baseline condition.

When a landlord makes a repair or cleaning deduction, the photos required under AB 2801 must be provided to the tenant along with the written explanation and itemized statement — by mail, email, flash drive, or a link to a viewable web page. A landlord who fails in bad faith to provide the required documentation can lose the right to withhold anything at all.

For tenants, the practical takeaway: ask for the landlord's move-in photos, and make your own record on day one. Conditions documented at move-in are evidence that damage existed before your tenancy — the statute bars charging tenants for pre-existing conditions or ordinary wear and tear.

For landlords, the practical takeaway: dated photos at the required points are now part of the statutory documentation for supporting deductions, and the burden of proving deductions are reasonable falls on you.

The pre-move-out inspection most tenants never use

California gives tenants a right most never exercise: about two weeks before move-out, you can request an initial inspection (§ 1950.5(f)). The landlord walks the unit and tells you what they would deduct for — while you still have time to clean or fix it yourself. It converts a surprise deduction into a to-do list. Landlords benefit too: it surfaces disagreements while the tenant is still cooperative, instead of in a demand letter.

When it goes wrong: penalties and small claims

If a landlord withholds a deposit in bad faith — no itemization, no photos, deductions for normal wear and tear — a court can award the tenant up to twice the deposit in statutory damages, on top of the money itself.

Most deposit disputes land in small claims court, where individuals can sue for up to $12,500 (businesses, $6,250), no lawyer allowed at the hearing, filing fees around $30–$100, and a court date typically within one to two months (per California Courts self-help guidance). Worth knowing before you get there: under § 1950.5, the landlord carries the burden of proof that deductions for cleaning and damage are reasonable. The itemized statement, receipts, and photos are how that burden gets met — or doesn't.

Since January 1, 2026, AB 414 generally requires an electronic return when the landlord received the security deposit or rent electronically. The tenant designates a bank account in writing or agrees in writing to an available electronic or virtual method; the parties may instead designate another return method in a written agreement. The landlord must notify the tenant in writing of the right to electronic return.

The record § 1950.5 expects, done when the walkthrough is.

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California law requires landlords to document certain property conditions with photos. PropInspect helps you capture a dated, room-by-room record and share it with the other party. PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with California law or a particular result in a deposit dispute.

Frequently asked questions

How long does a landlord have to return a security deposit in California?

21 calendar days after the tenant moves out and returns possession. Within that window the landlord must return the full deposit, or return the balance with an itemized statement explaining each deduction. A landlord who, in bad faith, fails to comply with the return and itemization requirements may lose the right to claim any portion of the deposit.

How much can a landlord charge for a security deposit in California?

One month's rent for most rentals, furnished or unfurnished, under AB 12 (effective July 1, 2024). Pet, key, and cleaning deposits all count toward that same cap. A narrow exception lets very small landlords (natural persons owning no more than two properties totaling four units) charge up to two months — but never for active-duty service members.

Does my landlord have to take photos in California?

Yes, when AB 2801's conditions apply. For all tenancies since April 1, 2025, landlords must photograph the unit after possession is returned and before any repair or cleaning for which they will claim a deduction, and photograph again after that work. For tenancies starting on or after July 1, 2025, landlords must also photograph at move-in. When a repair or cleaning deduction is claimed, the required photos must be delivered with the written explanation and itemized statement.

What can a landlord deduct from a deposit in California?

Four things only: unpaid rent, cleaning to restore the unit to its move-in level of cleanliness, repairs for damage beyond normal wear and tear, and an authorized rental-agreement obligation to restore, replace, or return personal property or appurtenances. Normal wear and tear — faded paint, lightly worn carpet — cannot be charged to the tenant.

Can a landlord charge me for professional carpet cleaning?

Only if that cleaning is reasonably necessary to return the unit to its condition at move-in, excluding normal wear and tear. Blanket 'professional cleaning required' fees regardless of condition are not enforceable under AB 2801's clarifications.

What is a 'non-refundable deposit' in California?

It doesn't exist. Civil Code § 1950.5 prohibits labeling any part of a security deposit non-refundable. If your lease says otherwise, that clause is unenforceable — the deposit rules apply anyway.

What happens if a landlord keeps a deposit in bad faith?

A court can award the tenant statutory damages of up to twice the deposit amount on top of the wrongly withheld money. Most deposit disputes are heard in small claims court, where individuals can sue for up to $12,500 without a lawyer.

Can I request an inspection before I move out?

Yes. California gives tenants the right to request an initial inspection about two weeks before move-out. The landlord must tell you what they'd deduct for, giving you the chance to fix or clean it yourself before the money leaves your deposit.

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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with California law or a particular result in a deposit dispute.

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