Security deposits are one of the biggest upfront costs when renting in San Francisco—and one of the most common sources of disputes with landlords. California law (Civil Code Section 1950.5) sets clear rules about deposits. Here's everything you need to know.
Maximum Security Deposit
Under California law, landlords can charge:
- Unfurnished apartments: Up to 2 months' rent
- Furnished apartments: Up to 3 months' rent
This is the total security deposit. Landlords cannot charge additional "cleaning fees" or "pet deposits" on top of this limit (though they can allocate part of the deposit to these purposes).
Note on "Last Month's Rent"
Unlike some states, California law doesn't distinguish between "security deposit" and "last month's rent." Whatever you call it, the total upfront payment (excluding first month's rent) can't exceed 2-3 months' rent.
What Can Be Deducted?
Landlords can only deduct for specific, documented expenses:
- Unpaid rent
- Cleaning — To return the unit to the same level of cleanliness as move-in
- Damage beyond normal wear and tear
- Restoring alterations — If you modified the unit without permission
Normal Wear & Tear (NOT deductible)
- • Minor scuffs on walls or floors
- • Faded paint or curtains
- • Worn carpet from normal use
- • Small nail holes from pictures
- • Minor marks on appliances
- • Loose handles from normal use
Actual Damage (CAN be deducted)
- • Holes in walls (beyond small nail holes)
- • Broken windows or mirrors
- • Stained, burned, or torn carpet
- • Damaged or missing appliances
- • Pet damage
- • Excessive dirt requiring professional cleaning
Getting Your Deposit Back
When you move out, your landlord must return your deposit within 21 calendar days. Here's the process:
The 21-Day Rule
Document the apartment's condition with photos/video before leaving
Give your new address in writing. Landlord must send deposit to this address.
Must return deposit OR provide itemized statement with deductions
If deductions are made, landlord must provide receipts or estimates
Required Documentation
If your landlord deducts from your deposit, they must provide:
- Itemized statement — Listing each deduction and amount
- Receipts — For completed repairs/cleaning
- Good faith estimates — For work not yet completed (with receipts to follow within 14 days)
What If Your Landlord Won't Return It?
If your landlord doesn't comply with the 21-day rule or makes improper deductions:
- Send a demand letter — Request return within 7-10 days, by certified mail
- File in Small Claims Court — Claims up to $12,500 (no lawyer needed)
- Sue for bad faith — If landlord acted in bad faith, you may be entitled to up to 2x the deposit amount
Small Claims Court Tips
- • File in San Francisco County Superior Court
- • Bring all documentation (lease, photos, demand letter, receipts)
- • Filing fee is $30-$75 depending on claim amount
- • Cases are typically heard within 30-70 days
- • You can sue for deposit + court costs + up to 2x deposit if bad faith
How to Protect Your Deposit
At Move-In
- • Take detailed 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
- • Get the inspection in writing
At Move-Out
- • Request a pre-move-out inspection (landlord must offer this)
- • Clean thoroughly
- • Make minor repairs if possible
- • Take photos/video of final condition
- • Return all keys
- • Provide forwarding address in writing
Your Right to Pre-Move-Out Inspection
California law gives you the right to a pre-move-out inspection. Your landlord must:
- Notify you in writing of your right to request this inspection
- Conduct the inspection if you request it
- Give you an itemized list of deficiencies
- Allow you a reasonable opportunity to fix issues before final move-out
This is a great opportunity to fix problems yourself and avoid deductions!