California has strict laws protecting tenants' security deposits. Understanding these rules is essential for every San Diego renter—both when you move in and when you move out.
Quick Facts
- Maximum (unfurnished): 2 months' rent
- Maximum (furnished): 3 months' rent
- Return deadline: 21 days after move-out
- Itemized statement: Required with any deductions
Security Deposit Limits
California Civil Code Section 1950.5 sets clear limits on how much landlords can charge:
- Unfurnished apartments: Maximum 2 months' rent
- Furnished apartments: Maximum 3 months' rent
This is the total deposit—landlords cannot charge additional fees for pets, cleaning, or other purposes that would exceed these limits.
What Can Landlords Deduct?
Landlords can only deduct from your security deposit for specific reasons:
CAN Deduct For
- • Unpaid rent
- • Damage beyond normal wear
- • Cleaning to restore original condition
- • Repairs for tenant damage
CANNOT Deduct For
- • Normal wear and tear
- • Repainting for normal fading
- • Replacing worn carpet
- • Routine maintenance
Normal Wear and Tear Examples
"Normal wear and tear" is use that occurs naturally over time. Landlords cannot charge for:
- Small nail holes from hanging pictures
- Minor scuffs on walls
- Worn carpet in high-traffic areas
- Faded paint from sunlight
- Minor dirt that cleans easily
The 21-Day Rule
California law requires landlords to return your security deposit within 21 calendar days of move-out. They must also provide:
- A written itemized statement listing each deduction
- Receipts or invoices for any repairs or cleaning
- If work isn't done yet, a good faith estimate with receipts to follow
If Landlord Misses the 21-Day Deadline
If your landlord fails to return the deposit or provide itemization within 21 days, they may forfeit the right to keep any of the deposit—even for legitimate deductions. You can sue in small claims court.
How to Protect Your Deposit
When You Move In
- Document everything: Take photos and videos of the entire unit
- Note existing damage: Fill out a move-in checklist
- Get it in writing: Have landlord sign off on condition
- Keep copies: Store all documentation safely
When You Move Out
- Give proper notice: Usually 30 days for month-to-month
- Clean thoroughly: Return unit to move-in condition
- Document condition: Take photos and videos before leaving
- Do a walkthrough: Request a pre-move-out inspection
- Provide forwarding address: In writing, on record
What If Your Landlord Won't Return the Deposit?
If your landlord wrongfully withholds your deposit, you have options:
- Send a demand letter: Formally request return of deposit
- File in small claims court: Up to $12,500 without a lawyer
- Claim bad faith damages: Up to 2x deposit for willful violations
Small claims court in San Diego County is relatively straightforward. Filing fees are under $100 for most deposit disputes.