Security deposit rules in California
The deadline for the itemized statement, what can be deducted, and the documents to keep — with links to the statute.
Itemized statement due within
21 days
No later than 21 calendar days after the tenant has vacated the premises (Civil Code § 1950.5(h)(1)).
If it's missed: California ties the consequences to bad faith: bad-faith retention may subject a landlord to statutory damages of up to twice the deposit in addition to actual damages (§ 1950.5(m)), and a landlord who in bad faith fails to comply with the itemization and documentation requirements — which include providing the photographs — may not claim any amount of the deposit (§ 1950.5(h)(7)).
What the statement must cover
- List each deduction as a separate line item with a clear description and amount.
- Separate categories: unpaid rent, repair of damage beyond normal wear and tear, and cleaning to return the unit to move-in condition.
- Show the original deposit amount, total deductions, and the remaining refund.
- Do not deduct for normal wear and tear (e.g., minor scuffs, faded paint, worn carpet from ordinary use).
- Send the itemized statement and any refund within the deadline window.
Receipts and documentation
- Attach copies of the bills, invoices or receipts for repairs and cleaning, unless deductions for repairs and cleaning together are $125 or less.
- If work was done by your own staff, the statement should describe the work, time spent, and a reasonable hourly rate.
- If materials were used from your own stock, include a reasonable cost estimate for those materials.
- If a repair is not finished within the deadline window, a good-faith estimate may be used — mark it as an estimate and follow up with final receipts.
- Keep original receipts for your records even after sending copies.
Gray areas to review carefully
Normal wear and tear vs. damage
Deductions are generally allowed for damage beyond normal wear and tear, not for ordinary aging of the unit. Whether something crosses that line is a judgment call — review each item against your move-in evidence.
Cleaning standard
Cleaning deductions are generally limited to returning the unit to the level of cleanliness at move-in. Full professional deep-clean charges may need justification.
Depreciation / useful life
Charging full replacement cost for older items (carpet, paint, appliances) is a common dispute trigger. Consider prorating by remaining useful life and note your reasoning.
Pre-existing damage
If move-in photos show the same condition, the deduction is likely not defensible. Compare move-in and move-out evidence before approving.
Estimates instead of final invoices
If you are using an estimate because work is not complete, mark it clearly as an estimate and plan to send final documentation when available.
Frequently asked questions
How long does a landlord have to return a security deposit in California?
No later than 21 calendar days after the tenant has vacated the premises (Civil Code § 1950.5(h)(1)). Source: California Civil Code Section 1950.5 (checked October 2026 (Civil Code § 1950.5 as amended by AB 2801)). This is a general rule — verify your specific situation and any local ordinances.
Is an itemized statement required in California?
Yes. California requires a written itemized list of deductions. List each deduction as a separate line item with a clear description and amount.
Can a landlord deduct for "normal wear and tear" in California?
Generally no. Deductions are for damage beyond ordinary wear and tear — such as stains, burns, large holes, or breakage — not for the normal aging of a unit. Compare move-in and move-out photos for each item, and check California Civil Code Section 1950.5 for the exact rule.
What happens if the landlord misses the deadline in California?
California ties the consequences to bad faith: bad-faith retention may subject a landlord to statutory damages of up to twice the deposit in addition to actual damages (§ 1950.5(m)), and a landlord who in bad faith fails to comply with the itemization and documentation requirements — which include providing the photographs — may not claim any amount of the deposit (§ 1950.5(h)(7)). This is a summary of the statute, not legal advice.
Does MoveOutGuard support California?
Yes. Pick California when you open a packet: the deadline estimate (21 days after the tenant vacates · AB 2801 photos), the itemization checklist and the statute reference (California Civil Code Section 1950.5) come with it. You upload photos and receipts, review every line, and export the packet.
Build your California statement packet
Upload photos and receipts, draft and review each deduction, and track the California deadline — free. $29 unlocks the itemized statement and PDF for that packet.
MoveOutGuard is a document preparation and evidence organization tool. It is not a law firm and does not provide legal advice. Drafts, checklists, and deadline estimates require your review and are not a guarantee of compliance or outcomes. For legal questions, consult a licensed attorney.