Most residential leases and rental agreements in California require a security deposit. This is a dollar amount, usually one month's rent, that's intended to cover damage to the premises beyond normal wear and tear, and to cushion the financial blow if a tenant skips out early on the lease without paying. Here’s a summary of California landlord-tenant laws that cover the use and return of security deposits.
Yes. Under California landlord-tenant laws, a landlord may charge a renter the equivalent of two months' rent for the security deposit if the residence is unfurnished, and three months' rent if the residence is furnished. California landlords can also add an extra one-half month's rent if the tenant has a waterbed. Landlords may not charge nonrefundable fees in California.
To learn more about steps that renters can take to protect their security deposit after they've paid it, check out Nolo's article Protect Your Security Deposit When You Move In.
Under California law, a landlord must return the renter's security deposit, with an itemized statement of deductions, within 21 days after the renter has surrendered the rental property to the landlord (that is, returned the keys and vacated the property).
Learn more about renters' rights and landlords' obligations when it comes to the return of the security deposit in Nolo's chart Cleaning and Repairs a Landlord Can Deduct from a Security Deposit and Nolo's article Get Your Security Deposit Back.
Yes. In addition to complying with California laws on security deposit limits and how (and when) the deposit must be returned to tenants, landlords in California must provide renters with advance notice before taking any deductions out of the security deposit, such as for the cost of repairs for damage to the property.
If you want to go right to the source and look up the California laws on security deposits -- or if you're writing a letter to your landlord or tenant and want to cite the applicable law -- the relevant statute(s) can be found at California Civil Code § § 1950.5 and 1940.5(g). To access your state law, check out the Library of Congress’s legal research site.
For detailed advice on the collection, use, and return of security deposits, see California Tenants' Rights, by Janet Portman and J. Scott Weaver (Nolo).
Updated: November 2017