How much can a landlord deduct from a security deposit in California?
Short answer: there's no fixed dollar cap on deductions. A California landlord may keep only what is reasonably necessary for unpaid rent, for repairing damage beyond ordinary wear and tear, for cleaning back to the move-in level, and (if the lease allows) for restoring or replacing personal property. The landlord has to prove the amounts are reasonable.
Within 21 calendar days after the tenant moves out, the landlord must send an itemized statement and refund the rest. When repair and cleaning deductions together are over $125, the statement needs receipts or invoices, and since 2025 photos too.
Do the math in 2 minutes: the free Kitwright Security Deposit Deduction Calculator prorates replaced items for wear and tear, totals your deductions, estimates the 21-day return date, and prints an itemized statement. No sign-up, and nothing you type leaves your browser.
What a California landlord can deduct
Civil Code § 1950.5(b) lists four uses for a security deposit:
- Unpaid rent, meaning compensation for the tenant's default in paying rent.
- Repair of damage to the premises caused by the tenant or their guests, excluding ordinary wear and tear.
- Cleaning needed to return the unit to the same level of cleanliness it was in when the tenancy began.
- Restoring, replacing or returning personal property or appurtenances, such as furniture or keys, excluding ordinary wear and tear, but only if the lease authorizes it.
Under § 1950.5(e), the landlord can claim only amounts "reasonably necessary" for those purposes. Charges for materials and for work by a contractor, the landlord or an employee are limited to a reasonable amount needed to restore the unit to its condition at move-in, excluding ordinary wear and tear.
What a landlord can't deduct: normal wear and tear
Section 1950.5(e)(2) bars claims for:
- damage or defects that existed before the tenancy;
- ordinary wear and tear or its effects, whether it happened during this tenancy or before it;
- the cumulative effects of wear and tear over one or more tenancies;
- professional carpet cleaning or other professional cleaning, unless it's reasonably necessary to return the unit to its move-in condition.
The California Department of Real Estate's tenant–landlord guide gives practical examples (DRE guide, 2026 ed., pp. 82–85):
| Usually wear and tear (not deductible) | Usually damage or extra cleaning (may be deductible) |
|---|---|
| Carpet worn down by normal use or age, moderate dirt or spotting | Large rips or indelible stains in carpet or drapes |
| Minor marks or nicks in walls, such as worn paint behind a sofa | Many holes that need plaster, patching and repainting; large marks or gouges |
| Dingy floor from wax built up over years | A door jamb chewed by the tenant's dog |
| Dirt that was already there at move-in | Oven, mildew, decals or a flea infestation the tenant left behind, if the unit was clean at move-in |
The DRE says these are suggested approaches that are "consistent with the law" but "not necessarily the law."
The 21-day itemized statement deadline
No later than 21 calendar days after the tenant has vacated, the landlord must send the tenant an itemized statement showing the basis for and amount of the deposit and how it was used, and must return any remainder (§ 1950.5(h)(1)). For example, if a tenant moves out on October 31, the deadline is November 21.
- How to deliver it (as amended by AB 414, effective Jan 1, 2026): send the statement by personal delivery or first-class mail, or by email or mail to an address the tenant provides if you've both agreed to that. Return the balance by personal delivery or by check mailed first-class. If the tenant paid the deposit or rent electronically, return the balance electronically to an account the tenant designates in writing, unless you've agreed in writing on another method. In that case you must also tell the tenant in writing about their right to an electronic refund, within a reasonable time after either side gives notice to end the tenancy (or before the lease term ends).
- Multiple adult tenants: unless the landlord and all adult tenants signed a written agreement on how to split it, the refund check is made payable to all adult tenants on the lease, and the statement goes to any one of them (§ 1950.5(h)(1)(C)).
- Where to mail it: to the address the tenant provided, or to the vacated unit if the tenant gave none (§ 1950.5(h)(6)).
- Pre-move-out inspection: after either side gives notice, the landlord must tell the tenant in writing that they can request an initial inspection. If one happens, the landlord gives an itemized list of proposed deductions, and the tenant can fix those items before moving out (§ 1950.5(f)).
Receipts, invoices and photos
When you send the itemized statement, include supporting documents for repair and cleaning charges (§ 1950.5(h)(2)):
- Work by you or your employee: describe the work, the time spent and the reasonable hourly rate charged.
- Work by a contractor or vendor: include a copy of their bill, invoice or receipt. If the document doesn't show their name, address and phone number, add them to the statement.
- Materials and supplies: include a copy of the bill, invoice or receipt. For items you buy on an ongoing basis, a vendor price list or similar document can work.
- Photos (AB 2801):
- Since April 1, 2025, photograph the unit within a reasonable time after you get possession back but before repairs or cleaning you'll deduct for, then again after that work is done.
- For tenancies that begin on or after July 1, 2025, also photograph the unit at or immediately before move-in.
- Send the photos with the statement by mail, email, flash drive or an online link, together with a written explanation of the costs (§ 1950.5(g), (h)(2)(D)).
- Work not finished within 21 days: deduct a good-faith estimate and send it with the statement. Within 14 days of finishing the work or getting the documents, send the actual paperwork (§ 1950.5(h)(3)).
- $125 exception: if repair and cleaning deductions together are $125 or less, you don't have to attach the documents. You also don't if the tenant signed a valid waiver at the right time. Either way, a tenant who asks within 14 days of receiving the statement must get the documents within 14 days of the request (§ 1950.5(h)(4)–(5)).
Worked example: prorating a damaged carpet and repainting
For damaged items, the DRE guide describes a "useful life" method: the tenant pays only for the useful life the item had left. Its own example is a $1,000 replacement for an 8-year-old carpet with a 10-year life expectancy, which allows a $200 charge (DRE guide, p. 84). This is wear-and-tear proration, not tax depreciation.
Hypothetical example (made-up numbers for illustration). A tenant with a $2,400 deposit moves out on October 31, 2026, after 18 months, and owes no rent.
| Item | How it's figured | Deduction |
|---|---|---|
| Living-room carpet ruined by pet stains (4 years old, 10-year expected life, $1,500 to replace with similar quality) | $1,500 × (10 − 4) ÷ 10 | $900.00 |
| Repainting a bedroom after many wall holes ($600 painter's invoice) | DRE's suggested painting approach for a 1–2 year stay: one-third of cost. $600 ÷ 3 | $200.00 |
| Oven left caked with grease; the unit was clean at move-in. The landlord cleaned it. | 1.5 hours × $40/hour (time and rate listed on the statement) | $60.00 |
| Total deductions | $1,160.00 | |
| Refund due to tenant ($2,400 − $1,160) | $1,240.00 | |
Because these repair and cleaning deductions are over $125, the statement should include:
- the carpet and painter invoices;
- the description of the oven work, with time and rate;
- the before-and-after photos.
All of it is due by November 21, 2026. Whether $40/hour or a 10-year carpet life is "reasonable" depends on the facts, and you carry the burden of showing it.
Run your own numbers: the free calculator applies the same proration formula and works out the return-by date for California and 50 other jurisdictions (49 states + DC).
Penalties for getting it wrong
- Bad-faith retention: a court may award statutory damages of up to twice the deposit, in addition to actual damages. The landlord bears the burden of proving the amounts were reasonable (§ 1950.5(m)).
- Bad-faith failure to follow the statement rules: the landlord isn't entitled to claim any amount of the deposit (§ 1950.5(h)(7)).
- "Nonrefundable" clauses aren't allowed in a lease (§ 1950.5(n)).
- Small claims: tenants can bring deposit cases in small claims court (§ 1950.5(o)). California Courts says individuals can generally sue for up to $12,500 there (Small claims in California). The courts' security deposit guide walks tenants through a demand letter first.
Quick checklist before you send the statement
- Confirm the move-out date and count 21 calendar days.
- Remove anything that's wear and tear, pre-existing, or cleaning beyond the move-in level.
- Prorate replaced items by remaining useful life.
- Attach invoices and receipts, list your own time and rate, and include photos.
- Use the right delivery and refund method, especially if the tenant paid electronically or there are several adult tenants.
For your year-end records, the free Year-End Landlord Ops Checklist (Excel) includes a deposits section.
Guides for other states
- Florida: how much can a landlord deduct from a security deposit? (15-day full return or 30-day claim notice, tenant 15-day objection, itemized claim)
- New York: how much can a landlord deduct from a security deposit? (14-day refund, one-month cap, itemized list, forfeiture if late)
- Texas: how much can a landlord deduct from a security deposit? (30-day refund, forwarding address, itemized list, bad-faith penalties)
For every other state's return deadline and statute, see the 51-jurisdiction table in the free deposit calculator.
FAQ
How much can a landlord deduct from a security deposit in California?
Only amounts that are reasonably necessary for four purposes: unpaid rent, repairing damage beyond ordinary wear and tear caused by the tenant or their guests, cleaning needed to return the unit to its move-in level of cleanliness, and, if the lease allows it, restoring or replacing personal property. There is no fixed dollar cap on deductions, but the landlord has the burden of proving the amounts are reasonable (Cal. Civ. Code § 1950.5(b), (e), (m)).
How long does a California landlord have to return a security deposit?
No later than 21 calendar days after the tenant has vacated. Within that time the landlord must send an itemized statement of deductions and return any remaining balance (Cal. Civ. Code § 1950.5(h)(1)).
Does a California landlord need receipts for deposit deductions?
Yes, when repair and cleaning deductions together are more than $125. The statement must include copies of bills, invoices or receipts, or, for work the landlord or an employee did, a description of the work, the time spent and a reasonable hourly rate. If deductions are $125 or less, the tenant can still request the documents within 14 days of receiving the statement (Cal. Civ. Code § 1950.5(h)(2), (4), (5)).
Do California landlords have to take photos for security deposit deductions?
Yes. Under AB 2801, since April 1, 2025 landlords must photograph the unit after the tenant returns possession and before repairs or cleaning they will deduct for, and again after that work is done. For tenancies starting on or after July 1, 2025, landlords must also photograph the unit at or immediately before move-in. The photos go to the tenant with the itemized statement when there are repair or cleaning deductions (Cal. Civ. Code § 1950.5(g), (h)(2)(D)).
Can a landlord charge for carpet cleaning or repainting in California?
Only if it is reasonably necessary to return the unit to its move-in condition, excluding ordinary wear and tear. The statute specifically bars charging for professional carpet cleaning or other professional cleaning unless it is reasonably necessary for that purpose (Cal. Civ. Code § 1950.5(e)(2)(C)). For worn carpet or paint, the Department of Real Estate's guide describes prorating by the item's remaining useful life.
What is the penalty for wrongfully keeping a security deposit in California?
If a court finds the landlord kept the deposit in bad faith, it may award statutory damages of up to twice the amount of the deposit, in addition to actual damages. A landlord who in bad faith fails to follow the itemized-statement rules is not entitled to keep any of the deposit (Cal. Civ. Code § 1950.5(h)(7), (m)). Tenants can bring these claims in small claims court, where individuals can generally sue for up to $12,500.
Can a California lease make part of the deposit nonrefundable?
No. A lease or rental agreement can't call any security “nonrefundable” (Cal. Civ. Code § 1950.5(n)).
Is this legal advice?
No. This page is general information based on the statute text and official California guides as of November 2026. Local ordinances and the facts of each case matter. Read the statute or talk to a California attorney before you withhold money.
Sources
- California Civil Code § 1950.5 (current text, amended by Stats. 2025, Ch. 340, AB 414, effective Jan 1, 2026). California Legislative Information: leginfo.legislature.ca.gov
- AB 2801 (2024), photo documentation and limits on cleaning and repair charges, chaptered text: leginfo.legislature.ca.gov
- AB 414 (2025), how the deposit is returned and how the statement is delivered, chaptered text: leginfo.legislature.ca.gov
- California Department of Real Estate, California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities, 2026 ed. (RE 26, rev. 1/1/26), pp. 82–85: dre.ca.gov
- California Courts Self-Help Guide, Guide to security deposits in California and Small claims in California