What is the law on deposits for renters in California?
Asked by: Roma Marks | Last update: February 5, 2026Score: 4.6/5 (34 votes)
In California, the law (AB 12) generally limits security deposits to one month's rent for both furnished and unfurnished units as of July 1, 2024, with an exception for small landlords (owning no more than two properties with four units total) who can charge up to two months' rent, but never more than one month's rent for active-duty service members. Landlords must return the deposit or an itemized deduction statement with receipts within 21 days of the tenant moving out, for costs like cleaning or damages beyond normal wear and tear, and unpaid rent.
What is the new law on rental deposits in California?
California's new security deposit law (AB 12) limits deposits to one month's rent for most units starting July 1, 2024, capping deposits for both furnished and unfurnished rentals, with a small exception for certain natural person landlords owning few properties (max two months' rent). This law, signed by Governor Newsom in late 2023, aims to improve housing affordability by reducing upfront costs for tenants, although landlords might apply stricter lease terms to compensate.
How long does the landlord have to return a deposit?
Landlords have varying timelines to return security deposits, often 14 to 30 days after move-out, depending on state law, but some states like California have strict 21-day rules, requiring an itemized list of deductions, while others, like Florida, allow 30 days for claims, with penalties for non-compliance, including potential triple damages or attorney fees in small claims court if rules are broken.
What happens if landlord doesn't 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.
What is the maximum deposit a landlord can charge?
Tenancy deposits are tightly regulated to protect both landlords and tenants. As a renter in 2025, your landlord can charge no more than five or six weeks' rent, and they must protect your deposit using a government-approved scheme.
AB2801 Explained: New Security Deposit Rules for California Landlords in 2025 | SNS Law Group
Can you dispute a deposit charge?
If you feel you have taken good care of the property and do not agree with deductions from your security deposit, there are steps that you can take to dispute the charges. The first step would be to discuss the charges with your landlord or the property management company. Clearly state your case and request a refund.
What is the maximum amount a landlord can request as a security deposit?
The amount a landlord can charge for a security deposit varies significantly by state, with many states limiting it to one or two months' rent, while some, like Colorado and Oregon, have no state limit, allowing landlords to set it, though local laws or common practice often cap it at two months' rent. Some states, like California, recently changed their law to a one-month cap (with exceptions for small landlords or military tenants). Always check your specific state and city laws, as these rules protect tenants from excessive upfront costs.
Can a landlord charge a cleaning fee after you move out?
Yes, landlords can charge for cleaning when tenants leave a rental in poor condition—but only for dirt and messes that go beyond what's expected from normal, respectful use. These fees must be reasonable, documented, and consistent with the lease agreement.
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.
Can the security deposit be used for rent?
California law doesn't allow tenants to use a security deposit as payment for the last month's rent. But, if the lease agreement states the tenant paid first and last month's rent and a security deposit, your tenant doesn't need to pay the last month's rent.
Do you legally have to refund 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 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.
How long do I have to return a tenant's deposit?
At the end of your tenancy
Your landlord must return your deposit within 10 days of you both agreeing how much you'll get back.
How many months deposit for rental in California?
AB 12 amends California Civil Code Section 1950.5 to limit the maximum security deposit for a dwelling unit to one month's rent, regardless of whether the unit is furnished or unfurnished.
What is the new rent law in California 2025?
California rental laws in 2025 bring significant changes, focusing on stronger tenant protections, especially concerning security deposits (requiring move-in/out photos, clear deductions), credit reporting (offering rent reporting options), and eviction processes (giving tenants more response time), while also adding requirements for landlords to provide essential appliances like refrigerators and stoves in most units and restricting fees for rent payments. Key laws like AB 2801 (security deposits), AB 2747 (rent reporting), AB 2347 (eviction response time), AB 2493 (application fees), and new appliance rules (AB 2019/SB 1157) aim to increase transparency and fairness in rentals.
What can a landlord take from my deposit?
Your landlord or letting agent can only take money from your deposit if there's a good reason. For example, they can usually take money off if: you owe rent. you've damaged the property - this could be something like a spill on the carpet or a mark on the wall where you've hung a picture.
Can a landlord make you pay more than your security deposit?
Myth #5: Landlords are only allowed to charge the tenants the amount of the security deposit, not more. Alas, no. If a tenant paid $1000 for a security deposit, but did $1200 worth of damage, and owes $900 worth of rent, then the landlord can withhold the security deposit, and send a bill for another $1100.
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.
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.
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.
What is the 20 minute rule in cleaning?
The 20-minute cleaning rule, often part of the 20/10 method, is a time-management technique where you focus intensely on cleaning or organizing for 20 minutes, followed by a 10-minute break, repeating as needed, to make tasks feel less overwhelming and build momentum. It's ideal for busy people, as it breaks down big jobs into manageable chunks, preventing procrastination and burnout by incorporating short bursts of focused effort with built-in rewards (the break).
What not to say to your landlord?
When talking to a landlord, avoid lying, badmouthing previous landlords, mentioning illegal activities, promising unrealistic payments (like cash or future crypto), or making excessive demands, as it signals you might be a problematic or unreliable tenant; instead, be honest about your ability to pay and respect lease terms to build trust and a positive relationship.
Can a landlord refuse to give a deposit back?
If the court finds your landlord has not protected your deposit, it can order them to either: repay it to you. pay it into a TDP scheme's bank account within 14 days.
Does the landlord have to clean before I move in?
Legally and ethically, landlords should not pass a dirty unit to a new tenant. Even if the previous tenant failed to clean, it remains the landlord's responsibility to ensure the property is move-in ready. Renting out an unclean unit can lead to: Complaints and potential legal issues.