Security deposits are one of the biggest upfront costs when renting in LA—and one of the most common sources of disputes with landlords. California law (Civil Code 1950.5) provides strong tenant protections. Here's everything you need to know.
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Maximum Security Deposit
Under California Civil Code 1950.5, landlords have strict limits on how much they can charge:
- Unfurnished apartments — Maximum 2 months' rent
- Furnished apartments — Maximum 3 months' rent
This limit applies regardless of:
- Your credit score
- Whether you have pets
- The rent amount
- Whether the apartment is rent-controlled
Pet Deposits
California does not allow separate "pet deposits." Any pet-related charges must be included within the overall security deposit limit. However, landlords can charge additional monthly pet rent.
What Can Be Deducted?
Landlords can only deduct for actual damages beyond normal wear and tear. Here's the difference:
Normal Wear & Tear (NOT deductible)
- • Faded paint or minor scuffs
- • Worn carpet in high-traffic areas
- • Small nail holes from pictures
- • Minor marks on walls
- • Loose door handles from use
- • Dusty blinds or screens
- • Aged appliance wear
Actual Damage (CAN be deducted)
- • Holes in walls (beyond nail holes)
- • Broken windows or doors
- • Stained or burned carpet
- • Damaged appliances
- • Pet damage (scratches, stains)
- • Unreturned keys
- • Unpaid rent
Important
Landlords cannot deduct for pre-existing damage or normal cleaning. If you document the apartment's condition at move-in, you can prove what was already there.
Getting Your Deposit Back
When you move out, your landlord must return your security deposit within 21 days. Here's the process:
The 21-Day Rule
Document the apartment's condition with photos/video
Email or certified mail. Keep proof you sent it.
Must return deposit OR provide itemized statement of deductions
Statement must include receipts for any repairs over $126
What If Your Landlord Won't Return It?
If your landlord doesn't return your deposit within 21 days (or keeps it without valid reasons), you have options:
- Send a demand letter — Certified mail, requesting return within 7-10 days. Mention you'll take legal action if ignored.
- File in Small Claims Court — For deposits up to $12,500. Filing fee is around $30-75. No lawyer needed.
- Sue for bad faith — If landlord acted in bad faith, you can sue for up to 2x the deposit amount.
Small Claims Court Tips
- • File in the county where the apartment is located
- • Bring all documentation (lease, photos, demand letter, receipts)
- • California law allows 2x damages for bad faith retention
- • Many judges side with tenants when landlords can't prove damage
- • Cases are usually heard within 1-2 months
How to Protect Your Deposit
At Move-In
- • Take photos and videos of every room
- • Note any existing damage (stains, holes, scratches)
- • Test all appliances and fixtures
- • Email photos to yourself (creates timestamp)
- • Request a move-in inspection with landlord
During Your Tenancy
- Report maintenance issues in writing (creates record)
- Keep copies of all communication with landlord
- Don't make alterations without written permission
- Fix small issues yourself if possible (and keep receipts)
At Move-Out
- • Clean the apartment thoroughly
- • Fill small nail holes (spackle is cheap)
- • Take photos/video of final condition
- • Return all keys
- • Provide forwarding address in writing
- • Request walk-through inspection with landlord
Common Landlord Violations
Watch out for these illegal practices:
Illegal Deposit Practices
- ✗Charging more than limit — 2 months max (unfurnished)
- ✗Separate "pet deposit" — Must be part of security deposit
- ✗Deducting for normal wear — Can only deduct for actual damage
- ✗No itemized statement — Must explain all deductions in writing
- ✗Missing 21-day deadline — Must return or itemize within 21 days
- ✗No receipts for repairs — Must provide receipts for work over $126