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

21 days after move-out, under Cal. Civ. Code § 1950.5. Within that time the landlord must either return the deposit or send an itemized statement of deductions.

What happens if the landlord sends no itemized statement?

The landlord can lose the right to keep any part of the deposit. That is a stronger consequence than in many states, and it is written into § 1950.5 itself.

Does a California landlord have to send photographs of the damage?

For a deduction for repairs or cleaning, yes — for a deduction made from April 1, 2025 the itemized statement must include photographs taken before and after the work, unless the repair and cleaning deductions together come to $125 or less. Cal. Civ. Code § 1950.5(g), (h)(2)(D), (h)(4)(A).

Is this legal advice?

No. This page is general information about California law, with sources. It is not tailored to your situation and we are not a law firm.

California Security Deposit Law (Civ. Code 1950.5): 21 Days

Last reviewed: 2026-09-21 · Source: Cal. Civ. Code § 1950.5 · get-book.com

California gives a landlord 21 days after you move out to return the deposit or give you an itemized statement of deductions — and the consequence of getting that wrong is unusually strong, because the itemized statement is tied directly to the right to keep any of the deposit.

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The 21-day deadline

Within 21 days of move-out, the landlord must either return the deposit or provide an itemized statement of deductions. If no itemized statement is provided, the landlord can lose the right to keep any part of the deposit at all. Cal. Civ. Code § 1950.5.

A bad-faith retention can expose the landlord to up to twice the deposit, plus actual damages. Cal. Civ. Code § 1950.5.

The deposit cap

California caps the deposit at one month’s rent, furnished or unfurnished, for deposits collected on or after July 1, 2024 (AB 12). A landlord who is a natural person — or an LLC whose members are all natural persons — and owns no more than two rental properties with four or fewer units in total may charge up to two months. Cal. Civ. Code § 1950.5(c). If a landlord collected more than the cap allows, that over-collection is a separate issue from the deadline.

What has to come with the statement

If any deduction is for repairs or cleaning, the itemized statement must arrive with the bills or receipts for that work — and, for a deduction made from April 1, 2025, with photographs of the unit: one set taken after possession was returned but before the work, and one set taken once the work was finished. Cal. Civ. Code § 1950.5(g), (h)(2)(D).

For a tenancy that began on or after July 1, 2025, the landlord must also have photographed the unit at the start of the tenancy, so the two sets can be compared. Cal. Civ. Code § 1950.5(g)(1).

The receipts and photographs can be left out where the repair and cleaning deductions together come to $125 or less — but they still have to be provided if you ask for them within 14 days of receiving the statement. Cal. Civ. Code § 1950.5(h)(4)(A), (h)(5).

Where a claim goes

Deposit disputes are usually filed in Small Claims Court, part of the Superior Court for the county where the rental is. The limit is $12,500 for a natural person (a business claimant is capped lower). The filing fee is tiered — about $30 up to $1,500, $50 up to $5,000 and $75 up to $12,500 — and fee waivers are available. Filing uses form SC-100, and attorneys are not allowed to represent either side at the hearing.

Common questions

How long does a California landlord have to return a deposit?: 21 days after move-out, under Cal. Civ. Code § 1950.5. Within that time the landlord must either return the deposit or send an itemized statement of deductions.
What happens if the landlord sends no itemized statement?: The landlord can lose the right to keep any part of the deposit. That is a stronger consequence than in many states, and it is written into § 1950.5 itself.
Does a California landlord have to send photographs of the damage?: For a deduction for repairs or cleaning, yes — for a deduction made from April 1, 2025 the itemized statement must include photographs taken before and after the work, unless the repair and cleaning deductions together come to $125 or less. Cal. Civ. Code § 1950.5(g), (h)(2)(D), (h)(4)(A).
Is this legal advice?: No. This page is general information about California law, with sources. It is not tailored to your situation and we are not a law firm.

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This page is general information for a general audience and is not legal advice. It is not tailored to your situation and we are not a law firm. Laws change and vary by county — for your own situation, consult a licensed attorney.