California’s deposit rules are in Civil Code § 1950.5, tightened twice recently: AB 12 capped the amount from 1 July 2024, and AB 2801 added photo requirements in 2025. Together they make California one of the strictest states for deposits. This guide is general information, not legal advice; local ordinances, for example in San Francisco, can add interest and other rules.
| Rule | What it requires |
|---|---|
| Cap | One month’s rent for most landlords since 1 July 2024 (AB 12); two months for qualifying small landlords, never from service members |
| Return deadline | 21 days after the tenant moves out, with an itemised statement of any deductions |
| Receipts | Copies of invoices or receipts for deductions over $125, or an estimate if the work is not done yet |
| Photos | Photos before and after repairs or cleaning that are deducted (from April 2025); move-in photos for tenancies from July 2025 (AB 2801) |
| Pre-move-out inspection | Tenant must be offered an initial inspection before moving out |
| Bad-faith retention | Up to twice the deposit in statutory damages, plus the amount withheld |
How much you can take
Since 1 July 2024 most landlords can take a security deposit of no more than one month’s rent, furnished or not. A landlord who is a natural person, or a family LLC or trust, owning no more than two residential properties with no more than four units in total can take up to two months, except from a service member, who can never be asked for more than one. Pet deposits and "move-in fees" count towards the cap when they serve as security.
Before move-out: the initial inspection
The landlord must give the tenant written notice of the right to an initial inspection before the tenancy ends, with the tenant present if they choose. The landlord then lists the problems that would justify deductions, so the tenant has a chance to fix them before leaving. Skipping this step weakens any later deduction.
Within 21 days: refund and itemised statement
Within 21 days after the tenant moves out, the landlord must return the deposit or send the balance with an itemised statement of deductions. For any deduction for repairs or cleaning over $125, the statement must include copies of invoices or receipts; if the work is not done within 21 days, a good-faith estimate, followed by the receipts within 14 days of completion.
Allowed deductions are unpaid rent, cleaning needed to return the unit to its move-in level of cleanliness, repair of damage beyond ordinary wear and tear, and, if the lease allows, restoring furniture and other items.
The photo rules: AB 2801
For deposits on tenancies covered by AB 2801, the landlord must take photographs of the unit after the tenant moves out but before repairs or cleaning, and again after the work is done, and provide them with the itemised statement when deducting. For tenancies starting on or after 1 July 2025, the landlord must also take photos at move-in. AB 2801 also bars deducting for routine cleaning such as professional carpet cleaning done between every tenancy.
Penalties
A landlord who keeps a deposit in bad faith can be ordered to pay up to twice the amount of the deposit in statutory damages, in addition to the amount wrongly withheld. Missing the 21-day deadline or failing to itemise usually costs the right to make the deductions at all.
A checklist
Check every deposit against the AB 12 cap. Take and keep dated move-in photos. Send the initial-inspection notice before the tenancy ends. Photograph the unit at move-out before any work and again after. Send the refund and the itemised statement, with receipts and photos, within 21 days. The move-in and move-out checklist structures the inspections, and lease and document tracking keeps the photos and statements with the lease. For other California rules, see California rental fee laws and California rent increase laws; for other states, security deposit return deadlines by state.
This article is general information, not legal advice. Rental rules change and vary by jurisdiction; check the current law or consult a local lawyer before acting on it.
Common questions
How much security deposit can a California landlord charge?
Since 1 July 2024, generally one month’s rent. Qualifying small landlords can take up to two months, except from service members.
How long does a California landlord have to return a deposit?
21 days after the tenant moves out, with an itemised statement of any deductions and receipts for repair or cleaning charges over $125.
Do California landlords have to take photos for deposit deductions?
Yes, under AB 2801: photos after move-out before repairs or cleaning and after the work, provided with the statement; and move-in photos for tenancies from 1 July 2025.
What is the penalty for keeping a deposit in bad faith in California?
Up to twice the deposit in statutory damages, in addition to the amount wrongly withheld.
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