What California requires
- No later than 21 calendar days after the tenant moves out, the landlord sends an itemized statement of the deposit and its disposition and returns any remainderCalifornia Civil Code s. 1950.5 (h) (1) ยท California Courts Self-Help Guide, Guide to security deposits in California
- When the landlord deducts for repairs or cleanings, the photos are provided with a written explanation of the cost, by mail, email, flash drive or an online linkCalifornia Civil Code s. 1950.5 (h) (2) (D)
- The landlord photographs the unit within a reasonable time after it is returned, before any repairs or cleanings that will be deducted from the deposit, and again within a reasonable time after those repairs or cleanings are doneCalifornia Civil Code s. 1950.5 (g) (2)
- If the unit was clear enough at the initial inspection to identify them, deductions for repairs or cleanings are limited to the items in the itemized statement, plus anything that happens after that inspectionCalifornia Civil Code s. 1950.5 (f) (4) and (6)
- The landlord may not claim for damage or defects that existed before the tenancy, or for ordinary wear and tearCalifornia Civil Code s. 1950.5 (e) (2) (A)
- Cleaning deductions are limited to returning the unit to the level of cleanliness it had at the start of the tenancyCalifornia Civil Code s. 1950.5 (b) (3)
- Bad-faith claims or retention of the deposit can bring statutory damages of up to twice the deposit, in addition to actual damagesCalifornia Civil Code s. 1950.5 (m)
- After an initial inspection, the landlord gives the tenant an itemized statement of the repairs or cleanings proposed as deductions, including the text of paragraphs (1) to (4) of subdivision (b), or leaves it inside the unit if the tenant is not thereCalifornia Civil Code s. 1950.5 (f) (2)
The 21-day statement
No later than 21 calendar days after the tenant moves out, send an itemized statement of the deposit and how it was used, and return any remainder. The clock starts at move-out, not at the end of the lease, so a tenant who leaves early starts it early.
Photos and cost explanations
Photograph the unit within a reasonable time after it is returned, before the repairs or cleanings you will deduct, and again within a reasonable time after they are done. When you deduct for repairs or cleanings, provide those photos with a written explanation of the cost, by mail, email, a flash drive or an online link.
What a California deduction can cover
Cleaning deductions only return the unit to the level of cleanliness it had when the tenancy began. Damage or defects that were there before the tenancy, and ordinary wear and tear, cannot be claimed.
If you did an initial inspection before move-out and gave the tenant an itemized statement of proposed repairs or cleanings, and the unit was clear enough to identify them, later deductions for repairs or cleanings are limited to those items plus anything that happened after that inspection.
What is at stake
Claiming or keeping a deposit in bad faith can bring statutory damages of up to twice the deposit, on top of actual damages.
Common mistakes
- Counting the 21 days from the lease end date when the tenant moved out earlier.
- Deducting for repairs or cleaning without photos and a written explanation of the cost.
- Cleaning the unit to a higher standard than it had at move-in and charging for the difference.
- Charging for ordinary wear and tear, or for damage that was there before the tenancy.
Sources
- California Civil Code s. 1950.5 (h) (1), checked October 8, 2026
- California Courts Self-Help Guide, Guide to security deposits in California, checked October 8, 2026
- California Civil Code s. 1950.5 (h) (2) (D), checked October 8, 2026
- California Civil Code s. 1950.5 (g) (2), checked October 8, 2026
- California Civil Code s. 1950.5 (f) (4) and (6), checked October 8, 2026
- California Civil Code s. 1950.5 (e) (2) (A), checked October 8, 2026
- California Civil Code s. 1950.5 (b) (3), checked October 8, 2026
- California Civil Code s. 1950.5 (m), checked October 8, 2026
- California Civil Code s. 1950.5 (f) (2), checked October 8, 2026
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.