| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent
Costs of damage Cleaning costs Restoration costs |
| Return Deadline | 21 days |
| Itemized Deductions | Required |
| Penalty for Late Return | 2x Deposit |
For laws on security deposit collections and holdings in California, click here.
Some cities and counties may have regulations which are different than those presented here. Always check local laws.
Security Deposit Deductions in California
California allows the following security deposit deductions:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Cleaning costs to return the unit to its condition at the start of the tenancy (only applicable to leases beginning after January 1, 2003)
- Restoration costs mentioned in the lease agreement
Most states, such as California, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear in California?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission.
Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in California?
In California, landlords can charge for replacing the carpet if it is damaged beyond ordinary wear and tear. However, California law requires that landlords can only charge for the remaining useful life of furnishings. At the end of a tenancy, a tenant cannot be charged for the full cost of carpeting that has run its useful life, no matter the level of damage.
A tenant damages a nine-year-old carpet beyond repair that would cost $1,500 to replace and had an estimated useful life of ten years. The tenant can only be charged $150 to replace the carpet, which is the value of the one remaining year of use.
Can the Landlord Charge for Nail Holes in California?
Landlords can charge a tenant for nail holes if they damage the walls in a way that is not a result of ordinary enjoyment of the rental unit.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage and thus, chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in California?
In California, landlords are allowed to deduct reasonable cleaning charges from the security deposit but only as necessary to bring the unit to the state it was in at the start of the lease term. Landlords cannot routinely charge a cleaning fee to each tenant.
These reasonable costs might include the cost of:
- Removing mildew in bathrooms
- Cleaning the oven
- Washing the kitchen floor
- Removing tape residue from the walls (as long as the conditions did not exist when the tenant moved in)
Can the Landlord Charge for Painting in California?
California landlords can charge for painting, if the tenant causes damage rather than ordinary wear. However, state law requires that landlords prorate the useful life of the paint. If a landlord uses paint expected to last six years, tenants cannot be charged for painting after a seven-year tenancy, despite the level of damage.
If a landlord uses paint expected to last six years, tenants cannot be charged for painting after a seven-year tenancy, despite the level of damage.
Security Deposit Returns in California
In California, landlords must:
- Give tenants the option of an initial inspection before the end of the lease
- Allow the tenants to repair any damage, as permitted by the lease
- Return the security deposit, if due, with a written list of damages, if any, no later than 21 days after the tenant has moved out.
Written Notice
The landlord must send written notice to the tenant giving them the option to request an initial inspection. The notice must be sent to the tenant within a reasonable time before the fixed-term lease expires or after the landlord learns that the lease will end.
Initial Inspection
If a tenant requests an inspection, it must take place within the last 14 days of the lease term and they must be given 48-hour written notice.
Itemized Statement of Repairs
If an initial inspection is conducted, the landlord must provide the tenant with an itemized statement of repairs or cleaning the tenant may complete, as permitted by the lease agreement, to avoid security deposit deductions.
The itemized statement must be hand-delivered to the tenant or left in the rental unit and include the text of Sections 1950.5(d) and (b)(1)-(4) of the California Civil Code.
The tenant is not obligated to clean or make repairs, but if they do not do so before the end of the lease, the landlord can deduct the charges from the security deposit. The landlord may make additional deductions from the security deposit if:
- Damage occurs after the initial inspection
- Damage was not identified during the inspection because it couldn’t be seen due to the tenant’s belongings
Although California law does not require a specific format for the itemized statement, other than the required code language, the California Tenants’ Guide provides a model inspection form on page 123.
How Long Do Landlords Have to Return Security Deposits in California?
Landlords have 21 days after the tenant vacates the premises to return the security deposit with a written list of damages, if any, to the tenant.
Do Landlords Owe Interest on Security Deposits in California?
California law does not require landlords to provide interest on held security deposits, but some cities require that landlords pay interest, including Berkeley, Los Angeles, Santa Cruz, and San Francisco.
Check your local laws to determine if tenants are entitled to interest on their security deposits in your area.
How Do Landlords Give Notice?
Written notice must:
- Be hand delivered or mailed to the address provided by the tenant
- Include the amount of the security deposit due, if any, to the tenant,
- Include a written statement, if deductions are made, including documentation of payment for repairs or cleaning
If the tenant does not provide a forwarding address, the landlord can mail the written statement to the vacated unit. The written statement can be sent by email if the tenant agrees.
Unless the deductions are less than $125 or the tenant agrees in writing to waive the right to a written statement, the statement must include:
- An itemized list of deductions made from the security deposit
- A description of the cleaning and repairs including invoices, receipts, etc.
- Contact information for the person/company that completed the work
Can a Security Deposit Be Used for Last Month’s Rent in California?
California law does not forbid the security deposit from being used for last month’s rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in California
If landlords do not return the security deposit within the 21-day period, tenants can file for damages in court up to the amount of the deposit.
If the landlord withholds unreasonably or in bad faith, the landlord may be made to pay two times the security deposit in damages, in addition to returning the amount originally withheld.
Tenants can also take legal action against a landlord for failure to provide a written statement when deductions are made from a security deposit, or unreasonable deductions.
How Can Tenants File a Dispute for a Security Deposit in California?
If a landlord fails to properly return a security deposit, the tenant can file a dispute in Small Claims Court, but only after sending a demand letter (if feasible) and if the amount of damages is less than $10,000. If the amount is greater, the tenant must file a civil case in Superior Court.
A landlord-tenant dispute in Small Claims Court must be filed within 2 to 4 years depending on the type of claim, and an attorney is not allowed in most situations. Cases are filed in the Small Claims Court where the defendant lives or the lease agreement was entered into. Filing fees are $30 to $75 depending on the claim amount.
Sources
- 1 Cal. Civ. Code § 1950.5(b)
-
As used in this section, “security” means any payment, fee, deposit, or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following:
(1) The compensation of a landlord for a tenant’s default in the payment of rent.
(2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.
(3) The cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy. The amendments to this paragraph enacted by the act adding this sentence shall apply only to tenancies for which the tenant’s right to occupy begins after January 1, 2003.
(4) To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement.
Source Link - 2 Cal. Civ. Code § 1950.5(e)
-
The landlord may claim of the security only those amounts as are reasonably necessary for the purposes specified in subdivision (b). The landlord may not assert a claim against the tenant or the security for damages to the premises or any defective conditions that preexisted the tenancy, for ordinary wear and tear or the effects thereof, whether the wear and tear preexisted the tenancy or occurred during the tenancy, or for the cumulative effects of ordinary wear and tear occurring during any one or more tenancies.
Source Link - 3 Cal. Civ. Code § 1950.5(f)(1)
-
Within a reasonable time after notification of either party’s intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of the tenant’s option to request an initial inspection and of the tenant’s right to be present at the inspection. The requirements of this subdivision do not apply when the tenancy is terminated pursuant to subdivision (2), (3), or (4) of Section 1161 of the Code of Civil Procedure. At a reasonable time, but no earlier than two weeks before the termination or the end of lease date, the landlord, or an agent of the landlord, shall, upon the request of the tenant, make an initial inspection of the premises prior to any final inspection the landlord makes after the tenant has vacated the premises. The purpose of the initial inspection shall be to allow the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security. If a tenant chooses not to request an initial inspection, the duties of the landlord under this subdivision are discharged. If an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The landlord shall give at least 48 hours’ prior written notice of the date and time of the inspection if either a mutual time is agreed upon, or if a mutually agreed time cannot be scheduled but the tenant still wishes an inspection. The tenant and landlord may agree to forgo the 48-hour prior written notice by both signing a written waiver. The landlord shall proceed with the inspection whether the tenant is present or not, unless the tenant previously withdrew their request for the inspection. Written notice by the landlord shall contain, in substantially the same form, the following:
“State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”
Source Link - 4 Cal. Civ. Code § 1950.5(f)(2) - (f)(5)
-
(2) Based on the inspection, the landlord shall give the tenant an itemized statement specifying repairs or cleanings that are proposed to be the basis of any deductions from the security the landlord intends to make pursuant to paragraphs (1) to (4), inclusive, of subdivision (b). This statement shall also include the texts of paragraphs (1) to (4), inclusive, of subdivision (b). The statement shall be given to the tenant, if the tenant is present for the inspection, or shall be left inside the premises.
(3) The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.
(4) Nothing in this subdivision shall prevent a landlord from using the security for deductions itemized in the statement provided for in paragraph (2) that were not cured by the tenant so long as the deductions are for damages authorized by this section.
(5) Nothing in this subdivision shall prevent a landlord from using the security for any purpose specified in paragraphs (1) to (4), inclusive, of subdivision (b) that occurs between completion of the initial inspection and termination of the tenancy or was not identified during the initial inspection due to the presence of a tenant’s possessions.
Source Link - 5 Cal. Civ. Code § 1950.5(g)(1)
-
No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to the tenant. After either the landlord or the tenant provides notice to terminate the tenancy, the landlord and tenant may mutually agree to have the landlord deposit any remaining portion of the security deposit electronically to a bank account or other financial institution designated by the tenant. After either the landlord or the tenant provides notice to terminate the tenancy, the landlord and the tenant may also agree to have the landlord provide a copy of the itemized statement along with the copies required by paragraph (2) to an email account provided by the tenant.
Source Link - 6 Cal. Civ. Code § 1950.5(g)(4) & (g)(5)
-
(4) The landlord need not comply with paragraph (2) or (3) if either of the following applies:
(A) The deductions for repairs and cleaning together do not exceed one hundred twenty-five dollars ($125).
(B) The tenant waived the rights specified in paragraphs (2) and (3). The waiver shall only be effective if it is signed by the tenant at the same time or after a notice to terminate a tenancy under Section 1946 or 1946.1 has been given, a notice under Section 1161 of the Code of Civil Procedure has been given, or no earlier than 60 calendar days prior to the expiration of a fixed-term lease. The waiver shall substantially include the text of paragraph (2).
(5) Notwithstanding paragraph (4), the landlord shall comply with paragraphs (2) and (3) when a tenant makes a request for documentation within 14 calendar days after receiving the itemized statement specified in paragraph (1). The landlord shall comply within 14 calendar days after receiving the request from the tenant.
Source Link - 7 Cal. Civ. Code § 1950.5(g)(6)
-
Any mailings to the tenant pursuant to this subdivision shall be sent to the address provided by the tenant. If the tenant does not provide an address, mailings pursuant to this subdivision shall be sent to the unit that has been vacated.
Source Link - 8 Cal. Civ. Code § 1950.5(g)(2)(C)
-
If a deduction is made for materials or supplies, the landlord shall provide a copy of the bill, invoice, or receipt. If a particular material or supply item is purchased by the landlord on an ongoing basis, the landlord may document the cost of the item by providing a copy of a bill, invoice, receipt, vendor price list, or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit.
Source Link - 9 Cal. Civ. Code § 1950.5(l)
-
The bad faith claim or retention by a landlord or the landlord’s successors in interest of the security or any portion thereof in violation of this section, or the bad faith demand of replacement security in violation of subdivision (j), may subject the landlord or the landlord’s successors in interest to statutory damages of up to twice the amount of the security, in addition to actual damages. The court may award damages for bad faith whenever the facts warrant that award, regardless of whether the injured party has specifically requested relief. In an action under this section, the landlord or the landlord’s successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.
Source Link - 10 Cal. Code Civ. Proc. § 116.221
-
In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231.
Source Link - 11 Cal. Code Civ. Proc. § 116.230(a) & (b)
-
(a) In a small claims case, the clerk of the court shall charge and collect only those fees authorized under this chapter.
(b) If the party filing a claim has filed 12 or fewer small claims in the state within the previous 12 months, the filing fee is the following:
(1) Thirty dollars ($30) if the amount of the demand is one thousand five hundred dollars ($1,500) or less.
(2) Fifty dollars ($50) if the amount of the demand is more than one thousand five hundred dollars ($1,500) but less than or equal to five thousand dollars ($5,000).
(3) Seventy-five dollars ($75) if the amount of the demand is more than five thousand dollars ($5,000).
Source Link
