How long a landlord has to return your deposit, and what you can claim if they miss it
This page covers residential security deposits in California, where a landlord has kept some or all of a deposit after a tenancy ends.
It does not cover:
Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.
Measured from the date you vacated and returned the keys.
One uniform rule — no branches
Cal. Civ. Code § 1950.5(h)(1) ↗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) ↗The clock does not start on the day you decided to leave. In California it starts the date you vacated and returned the keys — for most leases that is the date you hand back the keys, not the date your notice period began.
““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)
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.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
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California Security Deposit Rules
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21 days, counted from the date you vacated and returned the keys. Cal. Civ. Code § 1950.5(h)(1).
A landlord who withholds in bad faith may be liable for 2x the full deposit. Cal. Civ. Code § 1950.5(m)
It runs from the date you vacated and returned the keys — the date you vacated and returned the keys, not the date your notice period began.
No — Filing fee is typically under $100. No attorney may appear for a party in small claims, and § 1950.5 does not authorize attorney fees.