Direct answer
For most California residential tenancies with deposits collected on or after July 1, 2024, landlords generally may not charge more than one month’s rent as security (Civil Code §1950.5), with a limited “small landlord” exception up to two months—and service members capped at one month. After you move out, the landlord generally must return the deposit and an itemized statement of deductions within 21 days. City rules can add more. Not legal advice.
Last reviewed November 2026
Caps and return timing (general)
Cap (post–July 1, 2024)
Most landlords are limited to one month’s rent. A small landlord (individual, family trust, or LLC of individuals owning no more than two rental properties totaling four or fewer units) may charge up to two months, except for a service member (one month max).
Return deadline
Within 21 days after you move out, the landlord must return unused deposit amounts and send an itemized list of deductions, with receipts and—for newer tenancies—before-and-after photos when charging for repairs or cleaning.
What can be deducted
Typically unpaid rent, cleaning beyond ordinary wear and tear, and damage beyond ordinary wear and tear. Ordinary wear and tear is not supposed to be charged to you.
Local overlays
Some cities add rent or eviction rules. Check your city housing department as well as state law.
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Frequently asked questions
Does the lease control if it allows a larger deposit?
Statutory caps generally control over a conflicting lease term. If a lease asks for more than the law allows, that is a reason to push back before signing—and to get local advice if you already paid.
Is this legal advice?
No. Contract Checked gives general information and an AI reading of your document. It does not create an attorney-client relationship. For a dispute or a decision with a lot of money at stake, talk to a licensed attorney or a local tenant or worker organization.
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