The one-month cap after AB 12
Assembly Bill 12 rewrote subdivision (c) of Civil Code § 1950.5. A landlord may not "demand or receive security, however denominated" above one month's rent, in addition to the first month's rent. The words "however denominated" matter: a "pet deposit", "key deposit" or "last month's rent" collected up front all count toward the same cap. San Francisco's tenant guidance notes that there is no such thing as a non-refundable security deposit in California.
The old rule allowed two months for unfurnished units and three for furnished ones. That distinction is gone. The one exception is for small landlords: a natural person (or an LLC whose members are all natural persons) who owns no more than two residential rental properties with no more than four units in total may still collect up to two months' rent. That exception never applies to a tenant who is a service member.
What a California landlord may deduct
Section 1950.5 allows deductions only for what is reasonably necessary to cover:
- unpaid rent;
- repairing damage you, your guests or pets caused, beyond ordinary wear and tear;
- cleaning to return the unit to the level of cleanliness it had when you moved in;
- where the lease allows it, restoring or replacing personal property such as furniture or keys, excluding ordinary wear and tear.
Faded paint, minor scuffs and carpet worn down by normal living are classic examples of ordinary wear and tear. The landlord carries the burden of proving that the amounts claimed are reasonable.
Photos are now part of the itemized statement
AB 2801 added photo requirements. Since April 1, 2025, a landlord who plans to deduct for repairs or cleaning must photograph the unit after you return possession but before the work, and again after the work is done. For tenancies that began on or after July 1, 2025, the landlord must also photograph the unit at move-in. The photos go to you with the itemized statement, together with a written explanation of the charges. A landlord who fails to meet the itemized-statement requirements in bad faith cannot make a claim against the deposit.
How to get your deposit back in California
- Document the unit. Take dated photos and video on move-in and move-out day, and keep your copy of the lease and any inspection checklist.
- Request the pre-move-out inspection. Once notice to end the tenancy has been given, the landlord has to tell you that you can ask for an inspection. Use it, because it shows you what the landlord plans to charge for while you can still fix it.
- Give a forwarding address in writing so the refund and statement can reach you.
- Count 21 days from the date you vacated (our deposit calculator does this).
- Send a demand letter if the money or statement does not arrive, or the deductions look inflated. Cite § 1950.5, list what you dispute, and set a short deadline.
- File in small claims court if that fails. You do not need a lawyer, and you can ask the judge for the bad-faith penalty of up to twice the deposit. Check your county court's website for the current claim limit and filing fee.
City rules: San Francisco, Los Angeles and others
State law sets the floor. Some cities add duties, most often to pay interest on deposits. San Francisco has an annual deposit-interest requirement, and several other rent-stabilized cities have similar rules. Rent-controlled cities may also limit what counts as a lawful charge at move-out. If you rent in a city with a rent board, check its website: local rules can be stricter than § 1950.5, but they cannot be weaker.
Frequently asked questions
How much can a landlord charge for a security deposit in California?
For most rentals, one month's rent, whether the unit is furnished or not, under Civil Code § 1950.5(c) as amended by AB 12 (effective July 1, 2024). A qualifying small landlord who owns no more than two rental properties with four or fewer units in total may charge up to two months' rent, but not to a service member.
How long does a California landlord have to return a deposit?
21 days after you vacate. Within that time the landlord must refund the deposit or send an itemized statement of deductions, now including photos for repair and cleaning charges.
Can a landlord keep my deposit for normal wear and tear?
No. Deductions are limited to unpaid rent, damage beyond ordinary wear and tear, cleaning back to move-in condition, and lease-authorized replacement of items such as keys or furniture.
What is the penalty if a California landlord keeps my deposit?
If a court finds bad faith, it can award statutory damages of up to twice the amount of the deposit, in addition to actual damages, and the landlord has the burden of proving that deductions were reasonable.
Does a pet deposit count toward the cap?
Yes. The cap applies to "security, however denominated", so pet deposits and similar refundable charges are counted together with the main deposit.
Sources
- Cal. Civ. Code § 1950.5 (California Legislative Information)
- AB 12 (2023) — security deposit limit, bill text
- AB 2801 (2024) — photo requirements, bill text
- City and County of San Francisco — Security deposits
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.