What happens if landlord doesn't return deposit in 21 days in California?
Asked by: Filomena Eichmann | Last update: January 31, 2026Score: 4.8/5 (65 votes)
If a California landlord fails to return your security deposit or provide an itemized deduction statement within 21 days of you moving out, they lose the right to keep any portion and you can sue in Small Claims Court for the full deposit plus potentially twice the amount in damages if bad faith is proven. Your next step is usually sending a formal demand letter via certified mail before filing a lawsuit, as outlined in California Courts Self-Help and Justia.
What happens if landlord does not return security deposit in 21 days in California?
If your California landlord doesn't return your security deposit within 21 days (or provide an itemized list of deductions), they lose the right to keep any portion and you can sue in small claims court for the full amount, plus potentially up to double the deposit if you prove bad faith, though you should first send a formal demand letter for the deposit.
How long to wait for a deposit back from a landlord?
If your landlord or letting agent refuses to use the ADR service you can take them to court instead. If you agree about part of your deposit, you should get back the money you agree on quickly. You'll usually get your money back in 10 days - it depends on your situation and what scheme your deposit is in.
Can a landlord charge a cleaning fee after you move out?
It depends upon your lease. Some leases provide for cleaning fees and some do not. Read your lease carefully. They are not permitted to deduct a cleaning fee unless the lease says so.
What is the law on security deposits in California?
By law, security deposits must be returned when the tenant moves out, minus allowed expenses. The law limits the amount of security deposits. o Until July 1, 2024, the limit is two times the monthly rent (or, for furnished units, three times the rent). o After July 1, 2024, the limit is one month's rent.
The 5 Biggest Mistakes Landlords Make on Tenant Security Deposit Returns
Can a landlord deduct cleaning fee from a security deposit in California?
A landlord can only deduct certain items from a security deposit. The landlord can deduct for: Cleaning the rental unit when a tenant moves out, but only to make it as clean as when the tenant first moved in. Repairing damage, other than normal wear and tear, caused by the tenant and the tenant's guests.
Do you legally have to return a deposit?
By law, deposits are generally refundable if the supplier fails to deliver goods/services or if both parties agree, but they become non-refundable if the buyer breaches the contract (e.g., backs out), acting as security for performance, though specific rules vary by type (like security deposits for rentals) and jurisdiction, requiring clear contract terms.
What happens if you don't clean your apartment after moving out?
If you skip move-out cleaning, your landlord will likely have to hire a professional cleaning service to do the job — and they won't hesitate to charge you for it. These cleaning fees can be deducted from your security deposit and, in some cases, you might even owe more if the costs go beyond the deposit amount.
Can a landlord deduct money for painting?
It's generally expected to happen over time, and therefore landlords can't deduct from your deposit to pay for it. Because of this, it's essential to know what fair wear and tear is as opposed to damage caused by the tenant, so you can make sure you keep your entire deposit.
Is carpet cleaning normal wear and tear in California?
Effective Jan. 1, 2025, the law was clarified by AB 2801 to specify that a tenant cannot be charged for professional carpet cleaning unless reasonably necessary to return the premises to the same level of cleanliness as at move in, exclusive of ordinary wear and tear.
What to do if a security deposit is not refunded?
If the owner is not returning the security deposit in India, the tenant can follow these steps:
- Send a legal notice to the owner asking for the return of the security deposit.
- If the owner still hasn't returned the security deposit, you can file a case in civil court to recover it.
What are some red flags regarding holding deposits?
Red flags include: Reluctance to sign a written agreement. Vague or inconsistent move-in date. Requests to hold the unit for an unusually long time without firm commitments.
How do I ensure I get my deposit back?
6 Tips to Ensure You Get Your Security Deposit Back
- Inspect and Document the Rental BEFORE Move-In. ...
- Provide Proper Notice Before Moving Out. ...
- Fix Minor Damages and Do Small Repairs Yourself. ...
- Scrub Your Rental Clean. ...
- Return Keys and Do a Final Walkthrough With Landlord. ...
- Know Your Rights and Use Renter's Insurance Wisely.
What can a landlord deduct from my deposit?
Find out about deposit deductions
- Reasons your landlord could keep your deposit.
- Unpaid rent and bills.
- Cleaning, gardening or decorating.
- Damage and missing items.
- Leaving early or breaking your tenancy agreement.
Are dirty walls wear and tear?
If you recently painted the unit, but the walls were filthy, you might be able to charge for the repaint as this doesn't fall under regular wear and tear. This would include things like an excessive build-up of dirt, painting, and drawings on the wall.
Do landlords need to professionally clean between tenants?
Landlords must provide a habitable and reasonably clean unit, but laws don't always mandate professional cleaning, though it's highly recommended for a good tenant experience and property value. The landlord is responsible for deep cleaning (cabinets, appliances, bathrooms, floors) and repairs between tenants, though a strong lease might outline tenant duties for move-out cleaning, disputes often arise over what's "reasonably clean" vs. professional quality.
What's the most you can sue your landlord for?
You can sue your landlord for actual damages like medical bills, repair costs, or lost wages, plus potential rent abatement for uninhabitable conditions, or even punitive damages for severe misconduct, with the amount depending on your specific losses and state laws (often handled in small claims court with limits like $4k-$10k, though some states allow more). The specific amount hinges on the severity of the harm (e.g., injuries, mold, illegal eviction), proof of financial loss, and state-specific court limits.
What do tenants have to clean when moving out?
Here are some guidelines for tenant responsibilities during move-out in California: Removing Trash and Personal Items: Tenants should clear the space of any personal belongings, trash, or leftover items. This includes removing any furniture, clothing, and miscellaneous belongings.
Is it okay to leave stuff behind when you move?
Leaving stuff behind might seem like a quick fix, but it can lead to issues. Your landlord might dip into your security deposit to cover the cost of removal. Plus, there could be legal problems, and your reputation as a responsible tenant might take a hit.
How long to wait for a deposit return?
You typically get your security deposit back within 14 to 60 days after moving out, but the exact timeframe depends heavily on your state and local laws, with many states requiring it within 30 days. Landlords must provide an itemized list for any deductions, covering damages beyond normal wear-and-tear, unpaid rent, or cleaning fees, and your lease agreement might specify details, though laws always take precedence.
Should I take pictures before moving in?
Photograph your new place when moving in
As important as documenting your old place is taking photos of your new apartment or house before you move in. These images will serve as proof of the property's condition when you arrive, which can be invaluable if any disputes arise with your new landlord.
Are deposits non-refundable by law?
Non-refundable deposits are allowed when a buyer is aware of the fee prior to signing the contract. The fee should also not be an 'unfair' contract term. The non-refundable deposit should be in proportion to the business' costs and time and not penalise the buyer as being 'unfair'.
Can a landlord charge for carpet cleaning in CA?
A landlord may only withhold from a tenant's security deposit for carpet cleaning when there is "unusual damage" to the carpet caused by "tenant abuse." This language is clearly defined in ATCP 134.06(3)(c), which specifies that landlords may not deduct from tenants' security deposits for repairs needed due to "normal ...
Can cleaning be deducted from a deposit?
Cleaning – What is fair and what is not
According to the EPLS, 59 per cent of landlords who withheld part of the deposit said it was to clean the property for the next tenant. Landlords cannot charge a tenant to return the property to a better condition than it was in at the start of the tenancy.