California Security Deposit Rules: Limits & the 21-Day Deadline
Based on California Civil Code Section 1950.5, current through 2026
California significantly strengthened tenant deposit protections starting in 2024, and these rules apply statewide, including San Francisco.
How much can a landlord charge?
Since July 1, 2024 (AB 12), most landlords can charge a maximum of one month's rent as a security deposit — this applies whether the unit is furnished or unfurnished, a change from the old rule that allowed up to three months for furnished units.
There's a narrow exception: a "small landlord" — a natural person (or qualifying LLC) who owns two or fewer rental properties totaling four or fewer units — may still charge up to two months' rent. Active-duty military tenants are limited to one month's rent regardless of landlord size.
Anything you pay upfront beyond first month's rent — pet deposits, "cleaning fees," last month's rent paid in advance — legally counts as part of the security deposit and is refundable. There's no such thing as a non-refundable deposit in California.
What can be deducted
- Unpaid rent owed at move-out
- Cleaning needed to return the unit to its move-in level of cleanliness (not cleaner than that)
- Repair for damage beyond normal wear and tear
- Costs from other lease violations
Normal wear and tear — faded paint, minor carpet wear, small nail holes — cannot legally be deducted.
The 21-day return deadline
After you move out and return the keys, your landlord has 21 calendar days (weekends and holidays included) to either return your full deposit or send an itemized statement of deductions along with any remaining balance. For deductions over $125, they must include supporting documentation like receipts or invoices.
If a landlord misses this deadline entirely, they generally forfeit the right to keep any portion of the deposit. If they're found to have withheld it in bad faith, you may be entitled to up to twice the deposit amount in damages, on top of getting the deposit itself back.
What you should do
- Take dated, timestamped photos of the unit on move-in day and move-out day
- Give your landlord a forwarding address in writing when you move out
- If rent or your deposit was paid electronically, you can request your refund electronically too (as of January 2026, under AB 414)
Want to know your specific deposit terms?
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Analyze My LeaseThis page provides general information, not legal advice. For disputes, consult a tenant attorney or San Francisco's Rent Board.