California security deposit deadline
In California, a landlord has 21 calendar days after you move out to send an itemized statement and return the rest of your deposit. The statute ties losing the right to deduct to bad faith, and bad-faith retention can bring damages of up to twice the deposit.
| Deadline | Itemized statement and the rest of the deposit: 21 days, 21 calendar days after you vacated (moved out). Civ. Code § 1950.5(h)(1) |
|---|---|
| If the landlord misses it | California's statute ties losing the right to deduct to bad faith: “The landlord shall not be entitled to claim any amount of the security if the landlord, in bad faith, fails to comply with this subdivision.” Civ. Code § 1950.5(h)(7) The California Supreme Court held in Granberry v. Islay Investments (1995) 9 Cal.4th 738 that a landlord who misses the deadline without bad faith can still prove its deductions. So in California a late statement may forfeit deductions only if it was in bad faith. Granberry v. Islay Investments (1995) 9 Cal.4th 738 |
| Penalty | Keeping or claiming a deposit in bad faith “may subject the landlord ... to statutory damages of up to twice the amount of the security, in addition to actual damages.” In a case about the deposit, the landlord has the burden of proving that its charges are reasonable. Civ. Code § 1950.5(m) |
| Receipts | With the statement, the landlord must include copies of the bills, invoices or receipts for repairs and cleaning (or, for its own staff's work, the time and hourly rate), plus before-and-after photos for repair and cleaning charges. That paperwork is not required when repair and cleaning charges total $125 or less, unless you ask for it in writing within 14 days of getting the statement. Civ. Code § 1950.5(g), (h)(2), (h)(4), (h)(5) |
| Your steps | The statute does not require you to do anything before the landlord's 21 days run. Civ. Code § 1950.5(h)(1) |
| Small claims | Small claims limit for an individual: $12,500. Check with your court. |
- The 21 days run from the day you vacated, not from the end date in your lease.
- If repairs could not reasonably be finished within 21 days, the landlord may deduct a good-faith estimate and send the receipts later (Civ. Code § 1950.5(h)(3)).
- The receipts and photos are also not required if “The tenant waived the rights specified in paragraphs (2) and (3).” A waiver counts only if it was signed when, or after, a notice to end the tenancy was given, or no earlier than 60 days before a fixed-term lease ends, and it must substantially include the text of paragraph (2). Even then, asking in writing within 14 days of getting the statement still entitles you to the documents (Civ. Code § 1950.5(h)(4)(B), (h)(5)).
Check your own dates
Sources
Checked against the statute text on Wednesday, November 4, 2026. General information, not legal advice.