California Security Deposit Laws
In California, security deposits can total two months’ rent for an unfurnished apartment and three months’ rent for a furnished property.
Written by R.E. Fulton
Reviewed by Melanie Reiff
California’s Civil Code permits landlords to charge a refundable security deposit equal to two months’ rent for an unfurnished property and up to three months’ rent for a fully-furnished apartment. When your lease is up and you return the keys, the landlord will have 21 days to return your money.
Security deposits are one of the most annoying parts of renting—not only is it a big expense upfront, but getting that deposit back can feel like a losing battle. What’s more, the exact laws surrounding security deposits vary from state to state, making it harder to know your rights as a tenant.
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What is California law on security deposits?
All security deposits in California must be non-refundable deposits made by a tenant to establish their intent to move into the property. When you make a security deposit, you can usually expect to get the money back at the end of your tenancy—unless you violate the terms of your contract with the landlord.
Section 1950.5 of California’s
Civil Code
establishes the rules for security deposits, including maximum limits and time frames for return. What is the maximum security deposit a landlord can charge in California?
Landlords in California can charge a maximum of two months’ rent as a security deposit for an unfurnished apartment. If you’re renting a furnished apartment, that limit goes up to three months.
Keep in mind that the landlord can charge this amount on top of the first month’s rent, meaning that you could be expected to pay as much as four times your regular rent amount when moving into a furnished apartment.
There are two exceptions to these limits:
- If the tenant is an active duty service member, the landlord can charge no more than one month’s rent for an unfurnished apartment and two months’ rent for a furnished one.
- If you own a waterbed, your landlord can increase the security deposit by half a month’s rent.
Remember—the whole security deposit must be refundable. If your landlord charges you a security deposit and claims it’s non-refundable, proceed with caution or contact a lawyer.
How long does a landlord have to return a security deposit in California?
Once you’ve completed your lease and turned in your keys, your landlord will have 21 days to return your security deposit. This gives the landlord time to examine the apartment and satisfy themselves that you’ve met your requirements as a tenant.
What can a landlord withhold a security deposit for in California?
Although the security deposit can’t be outright nonrefundable, a landlord is legally permitted to withhold all or part of your security deposit to cover:
- Unpaid rent
- Cleaning costs to return the apartment to the state you rented it in
- Damage beyond normal wear and tear
What counts as damage in excess of normal wear and tear? That’s a bit of a legal gray area, but in general, this refers to damage that could be avoidable in the normal course of living in an apartment. That includes damage caused by irresponsible use and neglect—you could have money deducted for water damage if you failed to notify the landlord of a leaky faucet, or for a hole in the wall if you got a little too worked up playing Guitar Hero.
If your landlord does choose to withhold part of your security deposit, they must give you an itemized list of any deductions—they can’t just keep your money without giving you a reason.
Key Takeaway All California security deposits must be refundable, but your landlord can withhold all or part of the money if you fail to pay rent or cause avoidable damage.
MORE: How to find the best renters insurance
How to get your security deposit back in California
Let’s say you moved out of your old apartment a month ago, and you still haven’t gotten your security deposit back. How can you ensure that you receive the money your landlord owes you?
The best first course of action is to contact your landlord and ask for the security deposit in writing. It’s possible that they forgot to send it, or that a mixup with your new address meant that it never arrived. Starting out with a clear request could help to get your money back quickly.
If your landlord is refusing to return your security deposit and won’t give you a reason, or if you believe they’ve wrongly withheld all or part of your deposit, you can take them to
small claims court
. This can be a stressful and time-consuming process, but it may be worth it depending on the size of the deposit. MORE: Penalties for driving without insurance in California
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Can I use my security deposit as the last month’s rent in California?
No—you’ll need to pay your last month of rent as usual and collect the security deposit separately at the end of your tenancy.
Can a landlord charge for carpet cleaning in California?
Your landlord can’t charge you for routine carpet cleaning or take money out of your security deposit for it. You can only be charged for carpet cleaning if you damaged or dirtied the carpet beyond normal wear and tear.
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