California
Security deposit laws in California
The California-specific deadline, what you can deduct, and how to write a compliant itemized statement — with statutory citations.
Return deadline
21 days
Generally counted from the date the tenant returns possession of the unit (keys returned / move-out complete).
Source: California Civil Code Section 1950.5
What landlords can deduct
- 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 & documentation
- Attach copies of receipts or invoices for repairs and cleaning when total deductions exceed $125.
- 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?
Generally 21 days. Generally counted from the date the tenant returns possession of the unit (keys returned / move-out complete). Source: California Civil Code Section 1950.5. 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?
No. Every US state (including California) excludes normal wear and tear from deductibility. Only damage beyond ordinary wear — such as stains, burns, large holes, or breakage — is typically deductible. Compare move-in and move-out photos for each item.
What happens if the landlord misses the deadline in California?
Missing the deadline can forfeit the right to withhold any portion of the deposit. California's statute (California Civil Code Section 1950.5) is generally strictly applied.
Does MoveOutGuard support California?
Yes — MoveOutGuard generates a California-specific deduction letter using the deadline (21 days) and citation (California Civil Code Section 1950.5) above. Upload your receipts and move-out photos and the AI drafts an itemized letter for human review.
Draft your California letter in minutes
Upload receipts and photos. Get a California-specific itemized deduction letter for human review.
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.