How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in California, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
Generally one month of rent (§1950.5(c)(1)), with exceptions for smaller landlords. Shown for reference only — not used in any calculation.
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in California |
|---|---|
| Unpaid rent | Permitted, if substantiated |
| Tenant damage beyond ordinary wear and tear | Permitted, if substantiated |
| Cleaning necessary to return the unit to its original condition | Permitted, if substantiated |
| Key replacement costs | Permitted, if substantiated |
| Utilities the lease authorized the landlord to collect | Permitted, if substantiated |
| Claimed deduction | Permitted in California |
|---|---|
| Ordinary wear and tear, including its cumulative effects across tenancies | Not permitted |
| Damage or defective conditions that existed before the tenancy began | Not permitted |
| Professional carpet or other cleaning unless reasonably necessary to restore the unit | Not permitted |
| Repairs or cleaning not identified in the itemized statement when a pre-move-out inspection was conducted | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The burden is on the landlord in California — they must justify each deduction and prove the amounts claimed are reasonable. Normal wear and tear is not deductible, and neither is damage that existed before you moved in. You only need to say you did not cause that damage.
In California the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Cal. Civ. Code § 1950.5(e)(2), (m) ↗
A landlord who withholds in bad faith may be liable for 2x the full deposit.
Statutory damages of up to twice the deposit require a court finding of bad faith. The court may award them whenever the facts warrant, whether or not you specifically request relief. Being late does not by itself establish bad faith — you need facts such as unanswered follow-ups, contradictory deduction reasons, or charges with no factual basis.
Cal. Civ. Code § 1950.5(m) ↗No statutory penalty beyond returning the deposit.
California Civil Code § 1950.5 does not authorize attorney fees. Do not claim them under this section. Small claims court (§116.220) generally does not permit an attorney to appear for a party.
Cal. Civ. Code § 1950.5(o) ↗Once your repair and cleaning deductions combined exceed $125, the landlord must attach supporting documents — described work and hourly rate if they did the work, the third party’s bill or invoice if they did not, receipts for materials, and photographs taken under § 1950.5(g). Ask for them in writing: the landlord then has 14 days to comply, and the $125 threshold no longer excuses them.
Cal. Civ. Code § 1950.5(h)(2), (h)(4)(A), (h)(5) ↗Section 1950.5(h)(7): a landlord who, in bad faith, fails to comply with the return-and-itemization requirements "shall not be entitled to claim any amount of the security." That means every deduction is forfeited and the full deposit comes back — no multiplier, no court finding on damages, and no need to prove the deposit exceeded the actual damage.
Cal. Civ. Code § 1950.5(h)(7) ↗For tenancies beginning on or after July 1, 2025, the landlord must photograph the unit immediately before or at the start of the tenancy, and again after possession is returned — before any repairs or cleanings for which a deduction is claimed. If they deducted for repairs or cleaning without those photos, ask for them: they are required.
Cal. Civ. Code § 1950.5(g)(1), (g)(2) ↗If you request an initial inspection, the landlord must give you written notice of the option, at least 48 hours' written notice of the scheduled time, and an itemized statement of what they plan to charge for. They cannot then deduct for anything not identified in that statement. If you do not request the inspection, their duties under this section are discharged — so it is worth requesting.
Cal. Civ. Code § 1950.5(f)(1), (f)(4) ↗““Cleaning fee $350.””
California requires an itemized breakdown plus proof that the cleaning was reasonably necessary to restore the unit to the condition it was in at the start of the tenancy. Ordinary wear and tear, and cleaning to personal standards, are not deductible. Provide the specific cleaning performed, the basis for the charge, and a move-in vs. move-out condition comparison.
Cal. Civ. Code § 1950.5(e)(2)(A), (C)
““Repairs $800, wall damage.””
The landlord must prove the damage exceeds ordinary wear and tear and was caused by you. Provide the actual repair invoice or receipt. A blanket “repairs” charge is not proof. Note that if the repair and cleaning deductions combined exceed $125, the landlord was also required to attach documentation and photographs.
Cal. Civ. Code § 1950.5(e)(2)(A), (h)(2)
““You still owe rent, so I’m not returning the deposit.””
California law requires return within 21 days of vacating. Going past that forfeits all deduction rights and creates a presumption of bad faith, which the court may award up to 2x the deposit in statutory damages.
Cal. Civ. Code § 1950.5(h)(1), (m)
““The total is under $125, so I didn’t owe you any paperwork.””
That is correct as to the supporting documents. But the $125 threshold only excuses the landlord from attaching documentation under §1950.5(h)(2) — it does not excuse the basic obligation to return the balance with an itemized statement under §1950.5(h)(1), and it does not make an otherwise unlawful deduction valid.
Cal. Civ. Code § 1950.5(h)(4)(A)
Some widely circulated summaries of California deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Many commercial sites and blog guides | $12,500 |
| Code of Civil Procedure § 116.220(a)(1) | $6,250 |
What we follow: $6,250
The statute sets the general limit at $6,250. The $12,500 figure appears in newer materials for other claim types but is not the limit stated in § 116.220(a)(1), which is the provision § 1950.5(o) actually cross-references. Where a deposit claim exceeds the limit, you can still file in the civil division of the Superior Court.
| Source | What it says |
|---|---|
| Some generic checklists and blogs | Automatic 2x once you are late |
| Statute text Cal. Civ. Code § 1950.5(m) | Court may award up to 2x whenever the facts warrant |
What we follow: Not automatic — requires a bad-faith finding, but the court may award it on its own
The statute ties the damages to bad faith and expressly says the court may award them "regardless of whether the injured party has specifically requested relief." So you do not have to ask for it by name, but late return alone does not guarantee it. However, a separate and stronger rule in (h)(7) does operate automatically: a bad-faith failure to return and itemize forfeits all deductions.
| Source | What it says |
|---|---|
| Widely repeated summaries | Any single deduction over $125 is invalid without a receipt |
| Statute text Cal. Civ. Code § 1950.5(h)(4)(A) | Repairs and cleaning combined ≤ $125 excuses the landlord from providing supporting documents |
What we follow: A documentation threshold on the combined repair-and-cleaning total — not an invalidity rule
The statute says the landlord "need not comply with paragraph (2) or (3)" — that is an exemption from the documentation requirement only. It does not make any deduction valid or invalid, and it does not excuse the separate obligation under (h)(1) to return the balance with an itemization. Telling a tenant that a $300 deduction is “void” would be wrong; telling them to request the documentation is right.
| Source | What it says |
|---|---|
| Earlier versions of this product | § 1950.5(m) authorizes attorney fees |
| Full text of Cal. Civ. Code § 1950.5 | No attorney’s fees provision exists in this section |
What we follow: No attorney fee claim under this section
A full read of § 1950.5 shows no fee-shifting clause. The section provides actual damages, statutory bad-faith damages of up to 2x, and small claims access — but not fees. Claiming fees would hand the landlord an easy credibility attack. Recovery for fees would need an independent basis outside this section.
| Source | What it says |
|---|---|
| Generic checklists | One month in most states |
| Cal. Civ. Code § 1950.5(c)(1) | One month of rent, subject to small-landlord exceptions |
What we follow: Shown for reference only — not used in any calculation
The cap has exceptions and is shaped by other rules, so the MVP does not use it in any amount calculation.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Cal. Civ. Code § 1950.5(h)(1) | 2026-10-04 | official text ↗ |
| Cal. Civ. Code § 1950.5(m) | 2026-10-04 | official text ↗ |
| Cal. Civ. Code § 1950.5(o) | 2026-10-04 | official text ↗ |
| Cal. Civ. Code § 1950.5(e)(2), (m) | 2026-10-04 | official text ↗ |
| Cal. Civ. Code § 1950.5(h)(2), (h)(4)(A), (h)(5) | 2026-10-04 | official text ↗ |
| Cal. Civ. Code § 1950.5(h)(7) | 2026-10-04 | official text ↗ |
| Cal. Civ. Code § 1950.5(g)(1), (g)(2) | 2026-10-04 | official text ↗ |
| Cal. Civ. Code § 1950.5(f)(1), (f)(4) | 2026-10-04 | official text ↗ |
Primary reference: Cal. Civ. Code § 1950.5. Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
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The statute does not permit deductions for: ordinary wear and tear, including its cumulative effects across tenancies; damage or defective conditions that existed before the tenancy began; professional carpet or other cleaning unless reasonably necessary to restore the unit; repairs or cleaning not identified in the itemized statement when a pre-move-out inspection was conducted.
The landlord. The burden is on the landlord in California — they must justify each deduction and prove the amounts claimed are reasonable. Normal wear and tear is not deductible, and neither is damage that existed before you moved in. You only need to say you did not cause that damage.
Generally one month of rent (§1950.5(c)(1)), with exceptions for smaller landlords. Shown for reference only — not used in any calculation.
No. Ordinary wear and tear, including its cumulative effects across tenancies