California requires landlords to return the security deposit within 21 days. This page lists the deadline, the statutory penalty multiplier, the deductions a landlord may lawfully make, and the official statute text — every figure below links to the primary source.
Recently amended. California's deposit statute was revised, effective January 1, 2026:
Older articles and templates still cite the previous section numbers. The figures on this page reflect the amended text.
Free. No account, no upload. Figures shown with statute citations.
Measured from the date you vacated and returned the keys.
One uniform rule — no branches
Cal. Civ. Code § 1950.5(h)(1) ↗The figures below are what a statute authorises. Whether you can actually collect them depends on the facts — a multiplier that requires a court finding is not automatic.
2x the full deposit, only if a court finds bad faith.
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 multiplier under Cal. Civ. Code § 1950.5(o).
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 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.
Cal. Civ. Code § 1950.5(e)(2), (m) ↗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)
Filing fee is typically under $100. No attorney may appear for a party in small claims, and § 1950.5 does not authorize attorney fees.
Cal. Code Civ. Proc. § 116.220(a)(1) ↗Public sources conflict on the points below. We state the disagreement rather than hiding it.
Small claims court limit
“$12,500” — Many commercial sites and blog guides
“$6,250” — Code of Civil Procedure § 116.220(a)(1)
This tool uses $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.
Whether the 2x penalty is automatic
“Automatic 2x once you are late” — Some generic checklists and blogs
“Court may award up to 2x whenever the facts warrant” — Statute text Cal. Civ. Code § 1950.5(m)
This tool uses 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.
What the $125 rule does
“Any single deduction over $125 is invalid without a receipt” — Widely repeated summaries
“Repairs and cleaning combined ≤ $125 excuses the landlord from providing supporting documents” — Statute text Cal. Civ. Code § 1950.5(h)(4)(A)
This tool uses 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.
Whether the landlord can claim attorney fees
“§ 1950.5(m) authorizes attorney fees” — Earlier versions of this product
“No attorney’s fees provision exists in this section” — Full text of Cal. Civ. Code § 1950.5
This tool uses 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.
Deposit cap
“One month in most states” — Generic checklists
“One month of rent, subject to small-landlord exceptions” — Cal. Civ. Code § 1950.5(c)(1)
This tool uses 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.
21 days, counted from the date you vacated and returned the keys. Cal. Civ. Code § 1950.5(h)(1).
2x the full deposit, only if a court finds bad faith. Cal. Civ. Code § 1950.5(m).
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.
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.